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Boundaries of land reduced by municipality encroachment
20-Feb-2023 (In Property Law)
We have a piece of land next to a running drainage of the city. The property was purchased some 12-16 years back. Now the municipality has constructed a drainage path with concrete which reduced the actually flowing 45-60 feet to some 10-15 feet. Now while purchasing the land we were given a boundaries upto Nalla (which was 45-50 feet wide) which as stated before got reduced to 10-15 feet. We have kept our request in front of the court to let us know legal beneficiary of the extra land thus created. The same which got declared as our land in year 2016 after 5 years of court trials. Now the first property owner started arguing that it belongs the them. We have consultant ed local police for their legal advice with of no use. Kindly let us know : 1) Whom should we consult to get protection after court case? 2) What could be the written statement procedure in case the other party members get into fight physically on it? Kindly let me know if you need the details court hearing docs.
You are right we will need to see all the court papers . Protection can be given by the court again. Avoid getting into a physical fight and taking the law in your hands. Its not clear from your message as who has physical possession of the land
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Adv. Usha Sharma
Delhi | 25+ Answers
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To answer this question with total clarity one need to go through your sale deed and boundary demarcation their in.the maps of the municipal authourity and map of land revenue record.
Secondly after selling a land which one was a owner and subsequently some inhasment of land due to diffrent reasons like one you have or say sifting of rive new land who is the owner? To my humble opinion without Prejudice is the the owner who is holding title and possession.A past owner can not claim right over a pice of land which was non existent when he was a owner.
Secondly after selling a land which one was a owner and subsequently some inhasment of land due to diffrent reasons like one you have or say sifting of rive new land who is the owner? To my humble opinion without Prejudice is the the owner who is holding title and possession.A past owner can not claim right over a pice of land which was non existent when he was a owner.
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Adv. Amit Gaurav
Delhi | 200+ Answers
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Yes the judgment of the Hon'ble court is required to be looked into. However Order 21 Rule 35 (3) and Rule 97 CPC
These two Rule provides a right to the Decree Holder to complain against a person, who creates resistance in the execution of the decree thus, if anyone creates any interference with the execution of the court order you can file a complaint.
These two Rule provides a right to the Decree Holder to complain against a person, who creates resistance in the execution of the decree thus, if anyone creates any interference with the execution of the court order you can file a complaint.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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