Recovery of land encroached by government

594 votes

you can file a original suit for possession and declaration and since the encroacher is the state, you have to issue mandatory notice of institution of suit and only thereafter you can file suit, however if you want to dispense with such mandatory notice, then you have to file an application with reasons and the courts may consider after perusing the grounds.

Advocate Devaraju Balasundaram LawRato

776 votes

Dear Sir
File a suit for recovery possession after 2 months legal notice under section 80 of Civil Procedure Code. For Legal Notice please appriach me. The government cannot encroach without paying compensation.

Advocate Kishan Dutt Kalaskar LawRato

918 votes

If it is your own land then you can file a suit for declaration of pawnshop in so far as the land in dispute is concerned. However if you were know adverse possession in any of the land belonging to government then I think you have to file a suit seeking relief of adverse possession.

Advocate Anantha Kumar LawRato

838 votes

It is unclear as to which department of the government and under what notification/ scheme/ letter/ order has encroached upon the land. However it is likely that you can file a Writ Petition before the Hon'ble High Court.

LawRato LawRato