Asked May 05, 2017

Distribution of Property with neighbour

  • 1 Answer

We have a land of area about 4350 Sqft. Three years ago we had shifted and settled there. Last year we planned for constructing a boundary wall. So we have measured the area in presence of all the neighbor. During measurement it was found that some of our area is occupied by one of our neighbor and they had already constructed a septic tank there. The said septic tank was constructed around 12-15 years ago. So it was jointly decided that we would construct the boundary wall at the edge of the septic tank, i.e without leaving the area as per municipal norms. All the parties present their is agreed upon the decision. Accordingly temporary pillars had been founded. But after all these process is over and all the people have gone, the aforesaid neighbor is denying the understanding and forcefully broke the pillars at his side. After that seek help from all the local non-judicial bodies, but no significant action had been taken from their side. So considering the situation we have lodged a legal complaint at our local court under section 144/145. The first hearing was done and Hon'ble Court is instruct the Land Regulatory Office to investigate the matter and submit a report. But it is about 6 month past no action has been taken yet. On an verbal inquiry they told that they will visit soon. Now my queries are, 1. Are we moving into the right direction? 2. What are the chances that we recover back our land again? 3. If by any chance the land can not be recovered, is there any chance to get financial compensation? 4. How can we get sure that the report submitted by Land Regulatory office is unbiased and genuine? 5. If we are not satisfied with the outcome, what should we do? 6. Is there any alternate way to get back my land again? As the owner of the land we always prefer to get back our land instead of getting financial compensation. So, considering that please suggest us the most suitable way of action. Thanks & Regards Saikat Das Bishnupur Dist- Bankura West Bengal

Answer 1

Dear Sir

As per Section.144(2) CrPC, an Executive Magistrate can pass ex-parte order when there is an apprehension of breath of peace and under Section.145, based on the police report when the Executive Magistrate is satisfied that there might exist a situation likely to cause beach of peace, he may order both the parties to bring up their claims to him. Now, as per your facts we are not clear as to how did the High Court came into the picture. Also, were both the parties able to submit all their claims in the first hearing itself so that the Court could give the necessary instructions? We would suggest you to go through the documents/ Court order again and not just rely on your advocate. Also you need to check with your Advocate as to what step does he suggest next. With regards to your query, we would say that yes, the right chosen was correct. However you must keep documentary evidence against the non-functioning Land Regulatory office. For that, you must file a RTI and ask them to give you the detailed information regarding the action taken by them as per the Court's instructions. Let us know if you want our assistance in filing the RTI.

Also, as per Easement law (Section 15), only if the other person has been enjoying the property for atleast 20 years, he gets the right over the property. In your case, the 20 years limit is not over yet and hence you are very well eligible to gain back your property.


However on a side note we would like to suggest you to meanwhile go for Mediation process and enter into an amicable settlement. It will be cheaper as well as less time consuming. You can approach the nearest mediation centre for the same.

Research by - Sammanika Rawat, Lawfarm

Agree Comment 0 Agrees over 3 years ago

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