Community › Forums › Legal Advice India › Land claimed by forest dept, need help
- This topic has 8 replies, 3 voices, and was last updated 1 year, 5 months ago by
User_4337a590.
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UUser_4337a590
PARTICIPANT
January 25, 2025 at 5:54 amSomething about me, i work for a good funded startup and earn pretty well.I live in a chawl area and not a building. This area has been always covered analysed and survey keeps happening as forest departments claims it to forest.
However its been more than 30+ years my family is residing at this place. We have all documents and everything but from whom we purchased this land, we dont have this document.
Recently the forest department has issued a notice to shop owners that they will taking shops down then people who have not paid 7000 in 2008 their houses will be taken down and in the last who have paid theirs.
In 2008, they have already destroyed multiple gala’s here and somehow by protesting, some people got their saved.
My question is, has anyone faced or seen or knowone who has been in same scenario. Also there’s a law, if someone resides on any land for more than 10 or 15 years, it becomes theirs, is that not applicable in this case.
Any insights will be really appreciated
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BBrightseeker9869
PARTICIPANT
January 25, 2025 at 6:00 amLawyer here. Possession becomes adverse against the true owner after 30 years of possession by the trespasser (in case of govt land).-
BBrightseeker9869
PARTICIPANT
January 25, 2025 at 6:01 amBut that’s just a bare minimum legal standpoint. Practically, you’d have to have heaps of correct evidence, proof and paperwork if you really want to fight the state even after 30 years of adverse possession.-
UUser_4337a590
OP
January 25, 2025 at 6:04 amI can produce the essentials like electricity bill of 30 years and other daily essentials bill, but I’ve heard they are asking whom did you purchased the land from, that document too.-
BBrightseeker9869
PARTICIPANT
January 25, 2025 at 6:13 amGather every proof you can and let me know what all do you have.-
UUser_4337a590
OP
January 25, 2025 at 6:15 amOkay bro, let me get back with what all i can produce
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QQuickjiya6611
PARTICIPANT
January 25, 2025 at 6:05 amBut can’t he file a writ just to get a stay? Adverse possession would be a recourse to be taken in a suit if I am not wrong-
BBrightseeker9869
PARTICIPANT
January 25, 2025 at 6:12 amNot a writ but a civil suit under section 38 SRA first.-
QQuickjiya6611
PARTICIPANT
January 25, 2025 at 6:14 amUmm 38(3) (B)
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