Private Land Encroachment Law

 Private Land Encroachment Law


If a piece of land is privately owned, the government can seize that land at any time under the amended ceiling law. However, a private individual cannot encroach upon another person's land.


Private Land Encroachment Law - Government Land vs. Private Land


1. Suppose an individual owns a piece of land. The government can take over that land without notifying the landowner. 

   

2. This is stated under Section 20 of the Urban Land (Ceiling and Regulation) Act of 1971.


3. In the past, the government would consult with the private landowner before taking over their land.

   

4. According to the 1971 amendment, the government will certainly take over land if needed for community purposes.


5. Initially, the government will explore available public lands in the area. If no public lands are available, the government will utilize privately owned lands for community purposes.


6. For this, the government will provide compensation to the landowner.


Private Land Encroachment


1. If a landowner fails to maintain their land and a small or large structure is built on that land, it is considered encroachment.


2. First, the landowner should check the FMB (Field Measurement Book) details. Read the deed thoroughly. If someone has encroached on the land, inform them of your FMB details.


3. If the encroacher has built a house and is willing to pay for the land and you do not wish to sell, you can file a legal case.


How to Protect Your Land


1. Inspect your land at least once a month or every three months. Fence your land to mark the boundaries clearly. Do not give anyone a xerox copy of your deed as it increases the risk of creating fake documents.

   

2. Ensure the patta (land deed) is in your name. If the deed is in your name but the patta is not, immediately apply for a patta transfer.