Our layout is 5 acre dc converted layout with around 60 sites.Dc conversion was done way back in 1996 and layout formed at the same time and approved by horamavu panchayath. Layout shape is almost square with front entrance to layout facing east. In the layout plan, there are only 2 piece of land where they have not mentioned site numbers.One is Nort east corner piece of land where a overhead water tank is built and one in North west corner of layout which was vacant till recently. Both pieces of land is still in developers name who is old guy residing somewhere in central bangalore. 6 months back we formed a resident welfare association. Now the problem has started in North west corner piece of layout which is 16*40 dimension. Schedule of this piece of land is east is our layout road,South is our layout site. West by private site and North by private site.Private site owner on west side of this piece started construction of an apartment in his site but also built sheds in this vacant piece of land 16*40 of our layout. He didnt ask permission from anyone and now he daringly declared that this piece of land is road and an access to his apartment through our layout. Now the question is how can we secure this piece of land which belongs to our layout? In our layout plan, it is not mentioned as road. What shd be our legal action to vacate the sheds?
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
Hi, First the layout plan itself is not valid because it is approved by Horamavu panchayath. As per panchayath has no authority to issue layout plan.
2. So as per the DC conversion your layout has 5 accers of the land on the basis of that you have to file a suit for deceleration and possession of the encroached portion.
Who should file a suit? Resident welfare asscoiation or the original developer in whose name that piece of land?
Builder is owner of said vacant plot
Builder has to file suit against trespasser for demolition of unauthorised construction done on said plot
3) builder can also file police complaint of criminal trespass against said encroacher
Resident association cannot file suit as it is not the owner of land
Only builder can do so
If your 5 acre of land is fenced or compounded on all sides then if the private person has encroached he must file a suit for bare injunction seeking immediate stay of further construction and encroachment.
As the association you cannot file the suit on his behalf as the land still stands in the name of the developer. Ingress and out gress to his apartment through your layout cannot be permitted as the privacy is invaded.
Hi, Original developer has to file a suit before the court.
First of all ascertain the total extent of the property before formation of layout.
Then you can see in the lay out approval as to what is mentioned about this vacant site or is there any mention about this vacant site in the approved layout.
Whether your resident welfare association is a registered body, then you can issue a legal notice to the encroacher to vacate the place which he is occupying illegally.
Further legal action through police for land grabbing offence and possession of vacant site through civil court are the next steps to be followed in this regard.
You may consult a local advocate on this for further advise.
Who should file a suit? Resident welfare association or the original developer in whose name that piece of land?
If the said vacant site is part of the RWA then the RWA can file a suit or at least a complaint with the police for land grabbing offence.
If this is not part of RWA then only the owner of the vacant site fight for this rights.