Re opening of an land encroachment case after 20 years of the case

755 votes

If the order has been passed that there is no encroachment and no appeal has been preferred by the administration, the order became final and there is no question of reopening it. Once the order became final then can't be reopen unless there is some new ground

Advocate Prem Singh LawRato

763 votes

That depends upon nature of the decision. If the decision is based on relevant facts and documents then decision can not be changed. But if the decision is based on wrong facts and documents then the case can be reopened and decision can also be changed.

Advocate Kumar Abhimanyu Pratap LawRato

416 votes

Reopening a land encroachment case after a significant period, such as 20 years, can be a complex legal matter, and the possibility of reopening the case depends on several factors, including the specific circumstances and the applicable laws. Let's delve into this issue while considering the key aspects.

Firstly, it's important to understand that there is a concept called the "statute of limitations." The statute of limitations refers to the maximum time within which a legal action or case can be initiated after the occurrence of an event. After this period expires, a case may become time-barred, and it may not be possible to initiate legal proceedings.

In the context of land encroachment cases, the statute of limitations may vary based on the relevant laws and regulations in your jurisdiction. It's essential to consult with a qualified legal professional who specializes in property and land-related matters to determine the exact limitations that apply to your situation.

Reopening a case after a substantial period of time, like 20 years, can be challenging. Courts generally prefer finality and legal certainty. However, certain exceptional circumstances may allow for the reopening of a case, even after a significant time has passed. These circumstances may include:

• Fraud or Misrepresentation: If it can be proven that the original case was influenced by fraud or misrepresentation, it might be possible to reopen it.
• New Evidence: If new and significant evidence comes to light that was not available or known during the original proceedings and could impact the outcome of the case, it may be considered for reopening.
• Violation of Fundamental Rights: If it can be demonstrated that the original case involved a violation of fundamental rights or was against the principles of natural justice, it may be reconsidered.
• Legal Changes: Changes in laws or regulations that directly affect the case may provide grounds for reopening.
• Court Orders: Specific court orders or judgments may also provide a basis for reopening a case.

It's important to consult with an experienced attorney who can evaluate your specific case, the applicable laws, and any potential grounds for reopening. They can guide you on the best course of action and the likelihood of success.

In conclusion, reopening a land encroachment case after 20 years or a similarly extended period is a complex legal matter that depends on various factors, including the statute of limitations and specific circumstances surrounding the case. Consultation with a legal expert is crucial to assess the viability of reopening and to navigate the legal process effectively.

Advocate Chikirsha Mohanty LawRato

222 votes

It can be difficult to reopen a case that has been closed for a long time, such as 20 years. In general, courts prefer certainty and finality. Certain exceptional circumstances can allow a case to be reopened, even if a long time has passed.

Advocate Chikirsha Mohanty LawRato