Hello sir, we have agriculture patta land in Tamilnadu inherited from our grandfather. All our lands are covered with fencing on all 4 sides since 20 years. Recently a person in the village have put a collector petition mentioning there is a foot path (called as nadapadai) connecting to the neighbouring village through our patta land as per village map. In recent FMB ( field measurement book) there is nothing mentioned about footpath. When I took the village map which is of 100 odd years old there seems to be a dotted line(signifies footpath) which is intersecting inbetween our patta land. We are doing agriculture in our patta land since 40 years and no one until now have objected or asked about foot path. Because the dotted line is going inbetween our patta land and giving way for footpath will substantially decline the land value. My questions 1. Is the village map which is of 100 years is still valid today ? Because we have done the survey recently and the latest surey/FMB sketch shows nothing about footpath in our patta land. 2. If we object to give way for foothpath how should I proceed legally.? 3. Can I raise a petition to collector to consider an alternative approach for footpath. 4. Ours is a patta land and is it justifiable to give footpath even if it's mentioned in village map which is 100 years old .
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You should reply upon recent survey report which does not mention about any footpath
2)if any orders are passed that you should give land for footpath file appeal against impugned order
3) that agricultural activity is being carried on land for last 40 years and filed measurement book does not show any such footpath
1. An official map drawn based on a proper survey is a permanent record, valid for ever. The fact that it is a hundred years-old record lends weight to its authenticity, and will be relied upon by any court, if genuine.
2. If you decide to object, you have to prove your case by producing documentary evidence in your support, such as previous documents (for a period of over 100 years) showing there existed no pathway access.
3. Again, the response under Q.2 holds good.
4. It is, no matter whether yours is a patta land or otherwise.
- 100 year old survey have no value.
100 year old survey will tell many different things for almost complete India.
Recent survey report is only to be considered which does not mention any footpath
- Do not worry for anything. If collector pass any order then you can challenge the collector order.
- You can even file objections.
1. If a third party has submitted a petition before collector with regard to to eh public pathway through your land, then he has to produce documentary evidence to prove his claim.The collector will send notice to you or to the owner of the landed property as per revenue records seeking explanation and objection to the complaint made against you in this regard.
You can produce all the documentary evidence in your possession and also can say that the property is under your possession and enjoyment for more than 6 to 7 decades, hence you acquire title to the said proeprty even if it is considered as pathway, by adverse possession.
If ther collector is passing an order declaring the same as public pathway, you may file a lawsuit for declaration to declare the title of the said property to your name on the basis of the documentary evidences in your possession as well as operating law of adverse possession.
2. You see the above answer which explains this question too.
3. Since nobody had been using this pathway for plenty of decades, you need not suggest an alternate pathway to the collector's notice, instead you just record your objection in writing and proceed with the legal options subsequently.
4, Don't be frustrated by this complaint.
You have legal options to get justice.
Whether patta land or the land by a registered deed, the law of adverse possession is equally applicable to your situation, hence you may consult a local lawyer and proceed as suggested.
1. No, There is chances to change the village map during this long period, and that's why recent FMB sketch shows nothing about the footpath.
2. You are the owner of the said land and in possession for a longer period , hence even government authority having no power to use any part of it without getting your consent
- Hence, file an objection /reply before the collector against that compliant .
3. You can lodge your compliant before the collector as without getting your consent and paying the compensation , any part of this land cannot be taken by the collector.
4. Same rule apply with patta land as well.
Dear Sir,
1. If the map has not been revised, it shall be deemed to be applicable
2. Kindly approach the district collector with your issue.
3. Yes, you may
4. Just because yours is a patta land does not mean that you must give way for a footpath.
Thank you,
