You didn't specify the G.O number and the location of the property. You can write to me specifying the details.
Regards
G.Rajaganapathy
High Court of Madras
Property land - declared as Pormboku (Waste land) by Govt in 2016
In 1991 My dad got this property registered after viewing all papers . A building with multiple flats was constructed by the buider and one of which belongs to my dad. However looks like in 2016 the govt passed a ruling and placed this land as porumboku land which we are not even aware (Patta given to previous owner as invalid) now we have been living here for 30 years and please advice on next steps . We have ~15 to 30 people living here
Asked 4 years ago in Property Law
Religion: Hindu
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8 Answers
it is in arumbakkam ... I dont know the GO number.... I have survey number 21 and 22
Asked 4 years ago
- On 28th January 2011, Supreme Court of India in its judgement in connection to the hearing on the Civil Appeal No. 1132/2011 @SLP(C) No. 3109/2011, Jagpal Singh & Ors versus- State of Punjab & Ors passed judgement for waste land , and directed the State Governments to come up with a scheme for eviction of illegal/unauthorised occupants of Gram Sabha/Gram Panchayat/ Poramboke/Shamlat land and to ensure that these lands are restored to Gram Sabha/Gram Panchayat for the common use of the local communities.
- Hence, it is looking that the said land on which you are residing was taken by the builder from the common people , who were granted land by the government.
- Further, as per Supreme court Judgement, provisions on adverse possession are made under the Limitation Act, 1963. In case an owner does not stake his claim over his property for 12 years, a squatter can acquire legal rights over the property. The prescribed period in case of for government-owned properties is 30 years.
- Since, you are living there since last 30 years , then you can claim ownership of the same after filing a suit for Declaration before the court on the ground of adverse possession.
File writ petition in HC to challenge decision of govt to declare land as waste land
Act as mentioned herein above
If you people have been served notice by the authorities concerned, then you should issue a reply denying the allegations and claim that this property belongs to you by a registered sale deed on your names.
After that you people can file a suit for declaration to declare your title on the basis of the registered sale deed on your names besides you can plead that you perfect the title by operating the law of adverse possession too.
Consult a local lawyer and file a suit involving all the affected people either individual or a collective suit.
Let the property be situated in any area, you have been suggested to take proper legal action in the previous post, you may consult a local advocate and proceed as suggested.
Dear sir/ma'am,
Since you are living there for the last 30 years, you can claim ownership of the same. you are required to file a suit before the court on the ground of adverse possession.
now, only legal action is the key to your problem, to restore the land, you are required to file a writ to the high court and contest the proceedings.
It is advisable to file a suit against municipal corporation which announced such land to be waste land of govt. If it is by state authorities then file a Writ Petition before Hon'ble High Court seeking quashment of such notification or order declaring your private property as government waste land.
