Regarding unfair property survey in an fdp case

The surveyor is not any authority to divide the property as per his own whims. 

You can refuse to accept the division made by the surveyor and can file a petition to inspect the suit properties by an advocate commissioner and submit his report. 

You can consult with your advocate on such practical issues and take appropriate decisions. 

Thank you so much for your prompt response Sir

Take help of local lawyer. 

Q. Should we wait for the court’s final decision?

Ans. No, you should submit your view before the Court through your lawyer.

Q. Can we still file a complaint against the surveyor even after two years?

Ans. It should be at the first instance of submission of report, however, your objections may be submitted before pronouncement of judgment.

Q. If the court judgment goes against us, what are our options?

Ans. Challange the order/ judgement before appellate Court by filing an appeal.

Q. Is it too late to request a re-survey through higher authorities?

Ans. No, it is not so late.

However, your lawyer is the only and best person to form proper opinion who is well aware about facts and circumstances of the case, duty bound to satisfy your queries besides the fact that s/he is an able, competent and intelligent enough to provide necessary guidance and advise you for further proceeding.

Vashista Sir, thank you so much for your advice & time.

Dear Mr. Kumar,

You are welcome and thanks for understanding and appreciation.

If you are not happy with the report, you must do two things. 

First, you must file Memorandum of Objections listing out your objections, similar to what you have written in the above query. Attach photographs or any other relevant documents. 

Secondly, you must file a petition to set aside or scrap the report. You must file this petition under the FDP. IA within IA. 

You must also be clear about where the FDP was filed and who is doing the process, whether it is Court or District Collector or Revenue Authorities. Usually the Court does this process, but sometimes in the case of agricultural lands or other cases, the District Collector or other Revenue authorities also do it. So, you must be clear about who exactly is doing the process, so that you can file your objections and petition before the right people. 

When you file your objections, the Court may or may not respond immediately. They may "look into" your objections at the time of passing the final judgment and decree. It may be too late. 

So, in addition to filing objections, you must also file a petition to set aside or scrap the report. If you file a petition, the Court will be forced to pass an order on your petition. If the Court scraps the report, it is well and good. If it does not scrap the report, you can file a Civil Revision Petition in the High Court. Usually, the High Courts give one more chance, if you have valid points, by ordering to redo the process. Usually they order appointment of a different Advocate Commissioner. 

Was an Advocate Commissioner appointed at all in the above case? 

You must file Memorandum of Objections and also file a petition to scrap the report based on your objections. In the petition, you can write additional points in addition to what you wrote in your Memorandum of Objections. You must attach photographs, rough sketches to your petition . You can even do your own survey and attach a survey drawing in the petition. 

But you must first be clear about whether Court is doing the process or Revenue authorities are doing it. 

If the Court is doing it, the process is described in Order 26 Rules 13 and 14 of the Code of Civil Procedure, 1908, shortly known as CPC. 

If it is done by Revenue authorities, they may follow a different process. 

If the final judgment and decree are passed, you must file an appeal in the High Court or First Appellate Court. 

Getting the report scrapped now itself is a better option, instead of waiting for final decree and filing appeal. 

It looks like your advocate did not take right steps. 

Complaint against surveyor is extreme action. Filing Memorandum of Objections and petition to scrap the report are appropriate actions. 

So, please consult a couple of other lawyers and file a Memorandum of Objections and petition to scrap the report. 

Show all papers to them so that it is clear about who is doing the process and whether Order 26 Rules 13 and 14 are applicable or not. 

Two years is not too late. It is normal. But please do not delay any further. 

If they do not respond properly, please do not hesitate to file a Civil Revision Petition in High Court or any other appropriate petition. 

Thank you so much Sir, sure will discuss this will couple of lawyer's.

You can file objection if there are credible grounds. Mere fears and wild allegations do not constitute due objection.