Anonymous
Asked June 22, 2016

Land being grabbed illegally

  • 1 Answer
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A peson aged 29 yeas has bought a shop on 4.4.2009 vide entry no. 555 dt 2.4.2009 in Notary Register. He applied for Patta of place and shop giving bayan on 4.10.2009 that the shop and its place was owned by him for long long period.जिस जगह का पट्टा बनवा रहा हूँ वह प्रार्थी स्वयं की पुराने कब्ज़ा शुदादुकान की जगह है काफी पुराना कब्ज़ा है जिस पर मैंने सवयं पुख्ता दुकान बना रक्खी है। बयान किया है कि इस जगह पर कोई किसी का हक़ या हिस्सा नहीं है जबकि वास्तिवकता यह है कि दुकान पर चौबारा प्रायः९०/१०० साल पुराना बना हुवा राम कर्ण गुप्ता (उम्र ८६) का है जिसमें उसका जन्म हुवा था। मुरारीलाल अग्रवाल ने दुकान असलम खां को ४.४.२००९ को बेची है उसीने नोटरी शपथपत्र १५.१२.२०१५ द्वारा राम कर्ण गुप्ता परिवार का होने की तस्दीक व इकरार किया है। (A) By this intentional and knowingly false statement he took a Patta of Land and shop for over 50 years occupation and paid a nominal fees instead of higher fees applicable to Purchased shop. Thus this is cheating with Panchayat Administration. Querry:(1A) Whether the Panchayat should file FIR against such person? (2A) If after having been made known of all the facts, the local Panchayat remains inactive what is remedy. (B) The person has given wrong declaration in application for Patta and Map attached by not showing a Chobara Room which belongs to me.Thus has taken Patta of place alone whereas the Patta should be given to two persons whenever they apply for such two ownership at same land place. (1B) Whether the Owner to Chobara Room can file a FIR against the Patta Holder? (2b) whether the FIR lies against the Gram Panchayat Samity who knows well that thee is Chobara Room owned by other person and grants Patta to one person for the place of shop. (3C) I have filed an FIR for Chobara Room above shop and Nohra enclosed place behind shop which have been forcible locked in Nov 2015 but nothing is happening the person has filed a Petition in High court on 21st Jan 2016 for quashing the FIR for these places but whole of his Petition deals with my attempt to grab shop from him whereas the FIR is for Room chobara and Nohra only. Attahed the agreement for Purchased and Patta over 50years possession to such Petition which are contradictory and not relatie to main cause of the FIR. I am 86yrs young social activist having planted more than 4 lakh trees, arranged training of 15000 Farmers for Natural Farming, given Natural Farming Booklets about 180,000 to Farmers, Created 250 Gopalak to save cows, helped partially in marriage of 65 daughters of Poor Farmers or villagers, and such other services. My work is hampered tremendously by above torture inflicted upon me upon me.

Answer 1

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SAURABH KUMAR

In this case, the said person has indulged in an act of forgery- an offence under section 465 of the Indian Penal Code- which is punishable with two years imprisonment, or with fine, or with both.

In this case, the panchayat could file an FIR in the following ways-

  • The Head of the Panchayat Sabha i.e. the Sarpanch, on behalf of the Panchayat Sabha
  • Office of the Tehsildar
  • The aggrieved or other interested third party, i.e. any person who has some interest in the current situation and can explain how his interests are being violated could also approach the police for help.
  • Thus, in this case, you should first approach the office of the Gram Panchayat, specifically the land records office and the Tehsildar’s office. Explain your stance and ask them to file a case against the concerned person for taking over land illegally. If you feel, that the panchayat in this case, is indulging in an act of corruption and is unwilling to take up legal recourse, you could also include the Panchayat Sabha as an accused in the FIR, by approaching the police. You could file a case against the Panchayat for Criminal Conspiracy.[1]

    If the police is also reluctant to register an FIR, you can approach the Superintendent of Police concerned as per Section 154(3) of the Criminal Procedure Code, 1973 ('CrPC'), who, will either investigate the case himself or direct an investigation to be made by any police officer subordinate to him. You can also file a complaint in this regard with any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf as per Section 190 read with Section 156(3) of the CrPC.

     

     

    SOURCES-

    Indian Penal Code, http://www.indianlawcases.com/act-Indian.Penal.Code,1860-1925

    Department Of Land Resources, http://dolr.nic.in/guideline.htm

    http://indianexpress.com/article/cities/chandigarh/find-if-forged-court-orders-used-to-acquire-govt-land-high-court-to-deputy-commissioners/

     

    [1] It means that as per Section 120-A of the IPC, When two or more persons agree to do, or cause to be done –

    (1) an illegal act, or

    (2) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy.

    Agree Comment 0 Agrees over 1 year ago

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