Land claimed by forest dept, need help

Community Forums Legal Advice India Land claimed by forest dept, need help

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    • #67105 Reply
      User_4337a590
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        User_4337a590
        PARTICIPANT
        January 25, 2025 at 5:54 am
        Something 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

      • #67106 Reply
        Brightseeker9869
        Participant
          B
          Brightseeker9869
          PARTICIPANT
          January 25, 2025 at 6:00 am
          Lawyer here. Possession becomes adverse against the true owner after 30 years of possession by the trespasser (in case of govt land).

          • #67107 Reply
            Brightseeker9869
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              B
              Brightseeker9869
              PARTICIPANT
              January 25, 2025 at 6:01 am
              But 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.

              • #67109 Reply
                User_4337a590
                Participant
                  U
                  User_4337a590
                  OP
                  January 25, 2025 at 6:04 am
                  I 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.

                  • #67111 Reply
                    Brightseeker9869
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                      B
                      Brightseeker9869
                      PARTICIPANT
                      January 25, 2025 at 6:13 am
                      Gather every proof you can and let me know what all do you have.

                      • #67113 Reply
                        User_4337a590
                        Participant
                          U
                          User_4337a590
                          OP
                          January 25, 2025 at 6:15 am
                          Okay bro, let me get back with what all i can produce

                    • #67108 Reply
                      Quickjiya6611
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                        Q
                        Quickjiya6611
                        PARTICIPANT
                        January 25, 2025 at 6:05 am
                        But 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

                        • #67110 Reply
                          Brightseeker9869
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                            Brightseeker9869
                            PARTICIPANT
                            January 25, 2025 at 6:12 am
                            Not a writ but a civil suit under section 38 SRA first.

                            • #67112 Reply
                              Quickjiya6611
                              Participant
                                Q
                                Quickjiya6611
                                PARTICIPANT
                                January 25, 2025 at 6:14 am
                                Umm 38(3) (B)

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