File writ petition in HC to direct govt to vacate excess portion of land in their possession
2) enclose ULC order that only 1.20 acres of land is acquired
How to retain excess posession from govt
In a survey no total extent is 5.19acres out of that as per ULC proceeding land acquired is 1.20acres which is subleased by state govt to a central govt company but they are in physical possession of 2.07 acres which was clearly mentioned in recent mandal survey, MRO Report and ULC proceeding. right now we have a demarcation sketch of 1.20acres and my 29 guntas how do i take a possession? please suggest
Asked 3 years ago in Property Law
Religion: Hindu
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6 Answers
- As per law, the government cannot acquire any private land without sending a notice to the owner of the land and also without publishing the proposal in the two news papers, if the notice not served upon the owner.
- Hence, the government authority cannot retain excess land without taking the consent of the landowner.
- You can send a legal notice to the said authority , and also to the collector after enclosing the ULC report , and ask for give the possession to you.
- If no response, then file a Writ Petition before the High court.
After obtaining a proper survey report from the government surveyor in this regard and after identifying your property finding that it is still lying vacant or had been illegally occupied you may file a suit for declaration to declare your title to the proeprty and for possession of the same, directing the occupier to deliver vacant possession by an order of the court of law.
Dear sir,
You serve a legal notice to the authority for taking away the land without the consent of the landowner and seeking possession of the same property.
If no response is received, then you may file a writ petition
Thank you
File a writ petition if the govt is not doing your work
Dear Sir,
First check the boundaries. Boundaries always prevail over the extent mentioned in the records. You have good case and file a suit for recovery of excess land which is illegal possession of them as only 1.20 acres were acquired. You will win.
