TT Epaper LHS
The Telegraph
TT Mobile
 
 
IN TODAY'S PAPER
WEEKLY FEATURES
CITY NEWSLINES
FEEDS
  RSS
  My Yahoo!
SEARCH
 
Archives Web
 
ARCHIVES
Since 1st March, 1999
 
THE TELEGRAPH
 
CIMA Gallary
 
Email This Page
How to guard against land grab

Lolita Lekha nee Majumdar is desperate to save her seven-cottah plot near Ranikuthi from land-grabbers.

There is no dispute over the fact that 130A Netaji Subhas Chandra Bose Road is the ancestral property of this 62-year-old, who now divides her time between Mexico and Calcutta.

But Trinamul Congress activists, spearheaded by the local club Netaji Jatiya Sebadal, are refusing to allow Lolita access to her own plot of land.

Today, it is the Trinamul, tomorrow it can be the CPM. Today, this has happened to Lolita, tomorrow it can happen to you — if it has not already happened to you or someone you know.

Metro offers a guide to land-owners who must know where they stand in a city where political might is often used to turn wrong into right.

A panel of four Calcutta High Court lawyers dealing with property cases — Supradip Roy, Subroto Mukherjee, Sailendu Rakhit and Rabishankar Chatterjee — was consulted...

What legal documents must you possess to prove that a plot/property belongs to you?

The title deed of the property

Registration certificate

Mutation certificate

Last tax payment receipt

Will by which the property was inherited

Electricity bill in case of a building.

Note: Land in excess of 7.5 cottahs owned by a person in Calcutta will be considered vested under the Urban Land Ceiling Act.

What are your rights if your land is being grabbed?

Protection of property is a fundamental right. Every citizen of the country enjoys this right under Article 21 of the Constitution.

The state administration is bound to protect the fundamental rights of any citizen. So, the owner has the right to call police if property is being grabbed and the police are bound to provide assistance.

The owner has the right to move court if the police fail to perform their duty. The police are liable to be prosecuted if they fail to protect the citizen’s right.

Does Lolita Lekha nee Majumdar, a non-resident Indian (NRI), have similar property rights in Calcutta?

Yes, her case too will be governed by the provisions of the same law (Right to Properties Act). So, any NRI with property here has the same right to protect it.

What must a local councillor/MLA/MP do if approached by a victim of land grab?

As people’s representatives, councillors, MLAs and MPs take an oath while assuming office. In the oath, they must state that they will abide by each and every article laid down in the Constitution. They also vow to protect the rights of citizens.

If they fail to protect the rights of citizens, they must face the consequences. They can be sent behind bars on charges of violating the law.

If a councillor/MLA/MP is found guilty of being part of a move to grab property, he will be arrested and sent to jail up to 15 days. The only privilege an MLA/MP enjoys is the police seeking approval of the Speaker of the House.

[Arup Biswas, the Trinamul MLA from Tollygunge, is at the centre of the land grab showdown. On Tuesday, he had defended the actions of his “boys” against the land owner, claiming that the plot belonged to Netaji Jatiya Sebadal. “We will not allow anybody (in this case the rightful owner) to take over the land,” he said. He reiterated his stand on Wednesday.]

What is the way out if the administration fails to protect your property from land-grabbers?

Justice (retired) Bhagabati Prasad Banerjee said: “A civil suit is the best option for a victim to protect his property. There is a mastaan raj in the city, with the rule of might. People’s representatives and political leaders are often guilty of land grab and the police refuse to act. How can people expect justice from the accused? So, approaching the court is the best way out.”

Such a civil suit is filed under Article 226 of the Constitution.

Are you a victim of/witness to land grab? Tell ttmetro@abpmail.com. Your identity will be protected

Top
Email This Page