• Can I do fencing for FTL land ?

I am the owner of land that comes partly into FTL(Full Tank Level). To stop encroachments into my land I want to do fencing. Is it permitted to fence FTL land? If Yes, what I should do if government officials stop my fencing work?
Asked 4 years ago in Property Law
Religion: Hindu

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5 Answers

Making it clear that the new layout regularisation scheme (L RS) does not accord any blanket permission to the competent authority to regularise all illegal layouts, the government informed the high court that it will not regularise the layouts within full tank level (FTL) of water bodies and also those came up- on shikam lands. 

This being the situation how can you be permitted to encroach the FTL lands or include the same to put up fence around your property. If the government officials stop you from putting up the fence which would include the FTL lands, you cannot claim it as a right, instead you may have to leave the place. 

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T Kalaiselvan
Advocate, Vellore
87694 Answers
2354 Consultations

Obtain court permission to fence your land 

 

mention that fencing is being done to prevent encroachment sand you would not carry on any construction on said land 

Ajay Sethi
Advocate, Mumbai
97493 Answers
7881 Consultations

Any construction in ftl land is not permitted under Environment (Protection) Act, 1986. Even fencing of land under ftl is not permitted. In the first who can you own land in water body that is the question .

Ravi Shinde
Advocate, Hyderabad
4410 Answers
42 Consultations

Dear Sir,

1) As the land you are referring to is FTL, You cannot claim a right to construct obstructions such as fences.

2) Sir, You will have to apply to court for permission, on the ground of stopping encroachment. As the govt can stop or remove any fence you place.

Thank you

Anik Miu
Advocate, Bangalore
10382 Answers
121 Consultations

- As per the Hyderabad High Court , no one has a right to stop the authorities either from surveying the tanks or from fencing them and further no one can save the buildings that were built within the FTL area. 

- Since, you land comes partly into FTL , then to stop encroachments you can approach the competent authority for getting permission for fencing . 

- Further, if no permission granted , then you can approach the court for getting the same. 

Mohammed Shahzad
Advocate, Delhi
14758 Answers
224 Consultations

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