Government Land Occupying Government Land Occupying

1 week ago

Someone in my area have a shop on government land by the side of main road he is now willing to give that shop to another person for 5 lac. It's a developing land. Now the question is - can I take that land from him and start my own business?
And if government want to expand the road what will happen to that shop or how much money can we get back?

Anik

Responded 1 week ago

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A.Dear Client,
There is a limited possibility of an individual having possession of a government land. if it is his private land with appropriate documents a property purchased can be made. in case the government plans a development in the area they will have to purchase your land legally with your permission during which they will compensate you in cash or otherwise as per the current market value of the area
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 week ago

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A.Dear Client,
The Government land cannot be a subject matter of a transaction between the private parties. Instead, the Government acquires private land whenever required for public purposes under the Land Acquisition Act. How can you acquire a piece of government land from a person who unauthorisedly occupied the said land? Instead of compensation or financial gain, you will be evicted forcibly from the said land and booked for illegal encroachment of government land and face criminal prosecution once the matter comes to the notice of the concerned authorities like the Land Revenue Department, Municipal Corporation, NHAI, or the concerned area development authorities. As per Articles 6 and 65 of the Limitation Act, the prescribed period for claiming ownership of government land even based on the doctrine of adverse possession is 30 years. The starting point of limitation begins from the day of denial of the title of the real owner comes to his knowledge. The onus lies on the party claiming the title of the land based on adverse possession.
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