Unauthorised construction on gram sabha land. Requesting the police to arrange for a revenue officer's survey to address issues of trespassing and unauthorized construction on gram sabha land, while the panchayat is not pursuing legal action.
In the case of unauthorized construction on gram sabha land, the villagers have the right to take action against such encroachments. You are entitled to initiate a civil suit against the individual who has constructed house etc on the gram sabha land under Section 67 of the Uttar Pradesh Land Revenue Code 2006.
There is no requirement to wait for the survey report before proceeding. As a resident of the gram sabha with knowledge of encroachment on its land, you can directly file a civil suit in the Assistant Collector's court.
Section 67 of the U.P. Revenue Code outlines the statutory duties of the Assistant Collector in preventing damage, misappropriation, and wrongful occupation of Gram Sabha property. Here is a summary of its key provisions:
- When property entrusted to a Gram Sabha or local authority is damaged or misappropriated, or when land intended for a specific purpose is occupied unlawfully, the Bhumi Prabandhak Samiti or relevant authority shall inform the Sub-Divisional Officer.
- Upon receiving this information or if otherwise satisfied that such damage or misappropriation has occurred, the Sub-Divisional Officer issues a notice to the concerned person, asking them to explain why compensation for the damage, misappropriation, or wrongful occupation should not be recovered from them, or why they should not be evicted from the land.
- If the recipient of the notice fails to respond within the specified time or provides an insufficient explanation, the Sub-Divisional Officer may order their eviction, using necessary force if required, and may recover the compensation as arrears of land revenue.
- If the Sub-Divisional Officer determines that the person is not responsible for the damage, misappropriation, or wrongful occupation, the notice is discharged.
- An aggrieved person can appeal to the Collector within thirty days of the Sub-Divisional Officer's order under sub-section (3) or (4).
- Except for appeals as specified in sub-section (5), the Sub-Divisional Officer's orders under this section are considered final.
- The specific procedure to be followed in implementing the actions under this section is determined by the prescribed regulations.
This section clarifies that the term "land" includes trees and buildings on the land for the purposes of these provisions.
Rule 67 of the U.P. Revenue Code, 2016 outlines the procedure for taking action in cases involving damage, misappropriation, and wrongful occupation of gram panchayat property. Here is a summary of its key provisions:
- The Assistant Collector, upon receiving information or acquiring knowledge of such issues, may initiate an inquiry to gather specific information, including:
- Details of the damage, misappropriation, or wrongful occupation (including property description, location, and market value).
- Full identification of the responsible person (name and parentage).
- Duration of wrongful occupation, damage, or misappropriation, and the soil classification of the affected land.
- Assessment of property damage or misappropriation based on the prevailing market rate.
- The Assistant Collector issues a notice in R.C. Form-20 to the person responsible, asking them to explain why compensation for the damage, misappropriation, or wrongful occupation should not be recovered from them and why they should not be evicted from the land.
- If the notice remains unanswered or the provided explanation is insufficient, the Assistant Collector can:
- Order eviction using necessary force if required.
- Recover the specified compensation and expenses as arrears of land revenue.
- The amount of compensation and expenses is determined as follows:
- For damage or misappropriation, compensation is assessed at the market rate.
- For unauthorized occupation, compensation is calculated at five percent of the market value of the land for each year of occupation.
- Expenses of execution are assessed based on one day's pay and allowances for the staff involved.
- If the person wrongfully occupying the land has cultivated it, they can retain possession until the crop is harvested, but they must pay an amount equivalent to five percent of the land's market value, credited to the appropriate fund.
- The Assistant Collector aims to conclude proceedings within 90 days of issuing the show cause notice. Reasons for any delay must be recorded.
- The Land Management Committee or local authority may still prosecute a person who re-encroaches on the same land, and a register is maintained to record damages and compensation details.
- Progress reports on realization of damages and compensation are sent to the Board of Revenue every April and October.
- Nothing in these rules prevents anyone from establishing their rights in a court of competent jurisdiction regarding any matter subject to Section 67 of the Code.
This rule establishes the procedure for addressing issues related to gram panchayat property, including damage, misappropriation, and wrongful occupation, as prescribed by the U.P. Revenue Code, 2016.
Upon receiving information or otherwise becoming aware of damage, misappropriation, or unlawful occupation of property as described in sub-section (1), the Assistant Collector shall issue a notice to the person responsible. This notice requests them to provide reasons why compensation for the damage, misappropriation, or wrongful occupation, not exceeding the specified amount, should not be recovered from them and why they should not be evicted from the land. If the person fails to respond within the given time frame or provides an insufficient explanation, the Assistant Collector may order their eviction, using necessary force as required, and recover the compensation as arrears of land revenue.
Sub-section 5 of Section 67 of the Code allows any aggrieved party to appeal within thirty days of the Assistant Collector's order under sub-section (3) or sub-section (4) by filing an appeal with the Collector. In this manner, Section 67, in conjunction with Rule 67, establishes a comprehensive framework for eviction and the prevention of damage, misappropriation, and wrongful occupation of gram panchayat property.
Related
Whether stepsons have right in stepmother property? I have a daughter and two stepsons. Do my stepsons have any claim to my property?
Asked from: Uttar Pradesh
Whether stepsons have a claim to their stepmother's property depends on the property's nature. If the property is self-acquired by the stepmother, the stepsons do not have a legal right to it. The legitimate daughter is the rightful heir, and she will inherit the property upon her mother's passing.
However, if the property was inherited by the stepmother after her husband's (the stepsons' father's) demise, it may be considered joint family property, and the stepsons would have a right to it through inheritance. In this scenario, the legitimate daughter also retains her right to a share of that property.
The determination of whether stepsons have a claim hinge on the property's classification as either self-acquired or joint family property. The nature of the property will dictate the rights of the individuals involved.
Related
Muslim woman can file suit in family court for dissolution of marriage. Whether civil suit for dissolving marriage of Muslim woman can be filed before District Munsif in original suit or to file original petition before family court under family court act.
Asked from: Uttar Pradesh
Muslim woman can file suit in family court for dissolution of marriage under the provisions of Dissolution of Muslim Marriages Act, 1939. The Dissolution of Muslim Marriages Act, 1939, addresses the circumstances under which Muslim women in India are eligible to seek divorce. Its title and content are linked to The Muslim Personal Law (Shariat) Application Act, 1937, which covers matters related to marriage, succession, and inheritance within the Muslim community.
The 1939 act, officially known as Act No. 8 of 1939, serves the purpose of consolidating and clarifying the legal provisions of Muslim Law regarding divorce suits initiated by women married under Muslim Law. Within Muslim law, a wife can pursue divorce through extrajudicial or judicial means. The extrajudicial methods include Talaaq-i-tafweez and Lian, while the judicial approach is governed by the Dissolution of Muslim Marriages Act of 1939.
This act outlines the grounds for divorce and the relevant procedures for this purpose. An important aspect of this legislation is found in section 4, which explicitly states that "The renunciation of Islam by a married Muslim woman or her conversion to a faith other than Islam shall not, by itself, result in the dissolution of her marriage."
Under this act, a woman married under Muslim Law has the right to seek a decree for the dissolution of her marriage on one or more of the following grounds:
- If the husband's whereabouts have been unknown for four years.
- If the husband has neglected or failed to provide for her maintenance for two years.
- If the husband has been sentenced to imprisonment for seven years or more.
- If the husband has unreasonably failed to fulfill his marital obligations for three years, and this continues to be the case.
- If the husband was impotent at the time of marriage.
- If the husband has been insane for two years or is suffering from leprosy or a virulent venereal disease.
- If the woman was married off by her father or guardian before turning fifteen and repudiates the marriage before reaching eighteen, provided that the marriage has not been consummated.
- If the husband treats her with cruelty, including habitual assault, causing misery through ill-treatment, consorting with disreputable women, attempting to force her into an immoral life, interfering with her property or legal rights, obstructing her religious observance, or failing to treat her equitably if he has multiple wives as per the Quran's instructions.
- On any other ground recognized as valid for dissolving marriages under Muslim Law. However, it is important to note that:
- A decree on ground (iii) cannot be issued until the sentence becomes final.
- A decree based on ground (i) takes effect after a waiting period of six months from the date of the decree. If the husband appears within this period and convinces the Court that he is willing to fulfill his conjugal duties, the Court will annul the decree.
- Before granting a decree on ground (v), the Court, upon the husband's application, may order him to satisfy the Court within one year from the date of the order that he is no longer impotent. If the husband complies within this period, no decree will be issued on this ground.
Related
Cheque number mismatch in sale deed. A sale deed of property was executed between buyer and seller. Buyer made payment to seller in advance thru four cheque numbers and one NEFT transaction and all payments were realized After few days sale deed was executed. After few months it was noticed that two cheque numbers out of four cheque numbers are not matching with the actual cheque numbers which were paid in advance by the buyer. BUYER was informed and he gave a notarized affidavit stating all the correct cheque numbers in the affidavit giving reference of sale deed. There is no other change in sale deed. Is it O.K. or anything else needs to be done.
There is no contention concerning the payment of consideration. Although the sale deed contains incorrect cheque numbers, if the account into which the RTGS payment was made has received the full consideration, regardless of the cheque numbers specified in the sale deed, the seller cannot deny that the consideration has been partially paid.
There is no requirement to rectify the sale deed through the submission of a notarized statement or by initiating a civil suit under Section 26 of the Specific Relief Act.
My pensioner mother is demanding maintenance from her son. Hi. My mother lives in our own house in Kolkata with my unmarried sister. My father died in 2014 and left no will. The house now has 3 equal shares between the three of us. My mother is demanding that I give away my share of the house to her. Otherwise my mother has threatened that she would demand maintenance from me. My mother is a family pensioner and also has a lot of money invested in the bank earning interest. She is staying in her own house built by my late father. Can she demand maintenance from me? Please help me with legal advice.
Asked from: Uttar Pradesh
A pensioner possesses adequate financial means to sustain herself; therefore, your pensioner mother does not have a valid basis to seek maintenance from her children. Section 125 of the Code of Criminal Procedure (CrPC) in India primarily serves the purpose of providing maintenance to specific categories of individuals who lack the financial capacity to support themselves. The main objective of Section 125 CrPC is to ensure that those entitled to maintenance receive financial support from certain family members when they are incapable of self-sustenance.
If your mother proceeds to claim maintenance and initiates a legal case under Section 125 of the Code of Criminal Procedure, it is advisable to raise an objection regarding the maintainability of the case. The case is not maintainable as it contravenes the provisions outlined in Section 125 CrPC. Given that your mother is not in a state of destitution, her claim for maintenance is unlikely to succeed.
Related:
How to obtain the Medico Legal Certificate pending from 2019? I need to obtain my own MLC papers from the hospital. At the time of the incident, I went to file a complaint about the incident and injuries caused by the accused person. However, they managed to influence the Investigating Officer (IO), and no action was taken on my complaint. Instead, a fake FIR was filed against one of the accused person's mothers. I have been suffering because of this.
Please guide me on how to obtain the MLC (Medico-Legal Certificate) from 2019, when the police sent me to the hospital. I do not have a copy of the FIR, as my original complaint has been destroyed. What is the process to obtain the MLC, and can you please provide guidance on this matter?
It is tough to get medico legal examination after the lapse of four years. To obtain the medico legal certificate you had to approach the government hospital immediately after the incident. After four years of the incident all injuries have been heeled. Hence, doctor will find nothing from the examination of injured area.
You should avoid taking medico legal certificate from the hospital. Instead of it, you should try to lodge first information report on the basis of complaint you lodged in 2019. If offences committed against you are punishable with the imprisonment over three years, then there is no limitation period for initiating proceedings against the accused.
Departmental inquiry is initiated after six years of retirement. I retired in 2015 from the post of junior engineer in the irrigation department of Uttar Pradesh. At the time of retirement neither departmental nor judicial inquiry was pending. Therefore I got entire retirement benefits. After six years from the date of retirement a show cause notice had been issued to seek clarification about the excess payment regarding the construction of the check dam. I replied with a show cause notice but the department rejected my reply and held me guilty for excess payment to the contractor and initiated departmental inquiry about recovery of sixty lakh rupees from my retiral benefits. Now I am facing a false departmental inquiry without my fault. Please help.
Asked from: Uttar Pradesh
According to the Regulation 351A of the Civil Services Regulation (CSR) the department i.e. State Government cannot initiate departmental inquiry after four years of retirement. Therefore, the departmental inquiry which is initiated after six years of retirement is violative of Regulation 351A.
Regulation 351A of CSR protects the pensioners from malicious action of the state. 351A makes it mandatory for the government to take a sanction from the Governor before initiating departmental inquiry against the pensioner and the departmental inquiry shall be in respect of an event which took place not more than four years before the institution of such proceeding. The relevant part of Regulation 351-A of Civil Service Regulations is extracted below:-
The Governor reserves to himself the right of withholding or withdrawing a pension or any part of it, whether permanently or for a specified period and the right of ordering the recovery from a pension of the whole or part of any pecuniary loss caused Government, if the pensioner is found in departmental or Judicial proceedings to have been guilty of grave misconduct, or to have caused pecuniary loss to Government by misconduct or negligence, during his service, including service rendered on reemployment after retirement :
Provided that- (a) such departmental proceedings, if not instituted while the office was on duty either before retirement or during re-employment- shall not be instituted save with the sanction of the Governor.
Such departmental proceedings shall be in respect of an event which took place not more than four years before the institution of such proceeding.
You retired in 2015 and departmental inquiry is initiated in 2021. Therefore, it is an undisputed fact that the incident in respect of which the departmental inquiry has been initiated took place much more than four years before the initiation of departmental inquiry.
In this situation the Governor cannot give sanction because the proviso of Regulation 351A specifically bars to grant sanction after four years of retirement. If the Governor has given sanction for prosecution/departmental inquiry, then such a sanction is illegal and void.
You should immediately file a writ petition in the High Court under Article 226 of the constitution of India for quashing of the departmental inquiry. The court shall not hesitate to quash this inquiry because it is initiated in violation of Regulations 351A of CSR.
Also read: Quashing of departmental proceedings
