Immediately file a writ petition in high court
Govt Kharab land (water pond) is illegally occupied by 3rd person near my land
There is 1.3 Acre Govt Kharab land present adjacent and in a border to my own agricultural land in my village . This land also having small water pond ( like small lake) . During rainy seasons water get stored up to the full of pond and our goats ,cows and sheep's drinks this water from the many years .This is only one water source for ours and neighbor farm animals The Govt also developed and reconstructed this pond at 2018 by Revenue department of Karnataka to increase the water storage capacity under Watershed Development project . The project mentioned as " GOKATTE" Now problem is one of the near by farmer occupied this land from past 3 months and already made temporary fencing illegally . Our animals and neighbor peoples could not enter in to this pond now. He is trying to close this pond by JCB and tippers to make new agricultural land . I tried to discuss with him to stop this activities . but this guy more aggressive in the speech and physical harassment actions . He could not listen and says "Its none of your business you can not do any thing .. also says I have all influence of peoples ,I will occupy you have no rights to ask all these things." Now trouble for me and neighbors is , 1. we have only one this lake/Pond to drinking water resources for my farm animals ( Since we are cultivating dry lands ). 2. This pond improve under water resources to the neighbor lands and its benefits for us. 3. Some portion of this land also connect to reach our agricultural lands from the main road ,apart from this space , we don't have any path to access. How can we stop this illegal occupying from him immediately . Documents we have with us 1. RTC of this Govt land which clearly says 1.3 acre is Govt Kharab 2. Watershed department project invested aprox 5 lac INR to increase the storage capacity, this related documents we have 3. Sketch copy of this land and mentioned as Govt Kharab. Thanks
Asked 5 years ago in Property Law
Religion: Hindu
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12 Answers
1. Since thus pond is major water source for neighbouring lands and has access road to reach yo8land you have elementary rights over this pond
3. Therefore file a writ petition against the government alleging its inaction over illegal occupation by other person thereby depriving you from your water source.
3 in the writ petition the government would be bound to show the steps it has taken to free its water body from illegal possession.
4. In the writ petition add this occupier as private party as well .
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Complaint against encroachment with the muncipal corporation
file writ petition in HC to demolish illegal construction done on govt land
File a police complaint against that person.
He will be arrested
Yes,Definitely you have right to protect yourself, animals, property and Government property.
You may file your complaint to Revenue Department, Irrigation Department, Water Department and office of Collector of city of district to bring the notice of encroachment of public property by your neighbors who are indulging in illegal activities to grab the property of State Government wherein it is very serious offence against all individuals who are fencing the public land for their private use.
You give a complaint to the local civic body immediately and ask them to initiate proper legal action against the land grabber for grabbing this government land illegally.
If they don't take any action then you can file a PIL in the high court and obtain a stay against the intruder and also direction to the local civic body to protect the government property.
You cannot claim rights over the property for any reason.
File writ in high court agsisnt illegal encroachment for immediate releif. Also complain to police and consern department. If no action taken by them than approch High court.
Give written complaint to the department which has reconstructed the pond and collector.
- As per Supreme Court , all Water Bodies has to be preserve by Land Owing Agencies , and further in the case of Hinch Lal Tiwari Versus Kamala Devi2, held that ponds' were a public utility meant for common use and held that they could not be allotted or commercialised and hence protected.
- Since the said water pond is a government property , and is for common use , hence the encroachment by the said farmer is amounts to trespassing , and they can be convicted for the said illegal act.
- However, the revenue department is responsible for safeguarding the pond and evicting the said encroachers.
- Further , the Collector being the head of the revenue department in the district should be approached in this regard.
- Hence you all persons can approach and file a complaint before the Collector and Secretary of Revenue, Government of Karnataka after submitting the details which you having .
- Further , can also file a civil suit under Section 91 of the Code of Civil Procedure before the civil court.
- And further can also file Writ petition under Article 226 of the Constitution of India before the High Court, for directing the Revenue Secretary and the Collector to take action to evict the encroachers under the Land Encroachment Act.
File a case before the executive magistrate under section 144 and 107 of the crpc.
Regards
You may file complaint in the Office of the District Collector.
Another remedy is you may file writ petition before high court.
Dear Sir,
You are suggested to submit the complaint in writing to Police, SM, SSP and municipal corporation regarding the activities of the said person.
1. You and other aggrieved persons should file suit against that person and revenue department for permanent injunction to restrain them from occupying the land of revenue department.
2. Also pray for stay and removal on fencing done by that person because it is blocking passage to your land.
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