Do this if the police intervene in land disputes!
Land related cases are more than criminal cases in big cities like Bangalore. There are examples of police converting police stations into real estate centers under the guise of settling these cases. The police department has issued guidelines to prevent the police from poking their noses in land dispute cases unnecessarily. If the common people know this, the police can be prevented from sticking their noses in unnecessary land disputes. Hence the comprehensive rules of the guideline are given below.
Rule 01
When a person presents a GPA (General Power of Attorney) in a police station and seeks protection in respect of agricultural or non-agricultural land or building/site:
Powers of Police: When any person seeks possession of land after presenting GPA, the police shall not provide protection to such person.
Rule 02
In relation to agricultural or non-agricultural land, building or plot, a person may present a GPA (General Power of Attorney) at the police station and object to the ownership and possessions of the person entered in the register of property rights of the local authority and ask the person holding the GPA not to be protected.
Rule 03
If a person presents a sale deed and seeks protection in respect of agricultural land or non-agricultural, plot, building?
Power of Police: To issue notice to the person presenting the sale deed to go to court and settle the land dispute. Otherwise, if he goes to the local authority and certifies his ownership in the property title deed and presents such property title deed to the station, the police should provide protection to such a person. The police should provide protection to the person whose right to property is certified.
Rule 04
If a person attends the police station, presents the document of advance payment in respect of agricultural land or non-agricultural land or building and seeks protection?
Power of Police: No protection shall be given to a person seeking fresh possession of land. He can instruct them to complete all the steps related to the purchase, change the account, certify the same and submit a copy. Police can take action only if those documents are genuine.
Rule 05
When a person attends the station and brings a precise order or injunction of the court in respect of agricultural land and seeks protection
Police action:
The police can provide protection only when the order passed by the court is presented to their local revenue authority and a certified copy of the said order has been entered in the property title deed.
Rule 06
If a person attends the police station and produces a specific order or injunction of the court in respect of non-agricultural land, building, plot and seeking protection,
Police Action: Police cannot provide protection to such a person. Instead the court order should be produced before the local authority and asked to give precise instructions to the police officers about the steps that can be taken further. The police may provide protection or take action on the instructions of the local authority or competent authority.
Rule 07
In case of agricultural land boundary dispute:
Action by Police: In case no agricultural land boundaries can be identified or agricultural land boundaries cannot be fixed, the cases should be referred to the Taluk Tahsildar and requested for dispute settlement. After demarcation of agricultural land after delineating the boundaries and laying stones, obtaining certified copy of survey and submitting them, verifying column no. 10 and 12 of RTC Document Form 16 for agricultural land and providing protection to the owner of agricultural land.
Rule 08
If there is a dispute regarding non-agricultural land, site, building,
Police action: In case the boundaries of non-agricultural land, site or buildings cannot be identified or the boundary cannot be fixed, the person concerned with the survey of the said land should go to the survey department or municipal authorities and apply for survey. Survey
should be done and boundaries should be marked and stones laid. After submitting the certified copy after the survey report, the non-agricultural land map and account copy should be checked and the person who has possession of the building should be protected.
Rule 09
If both the disputing parties present a RTC letter regarding the agricultural land,
Action by Police: In case of non-agricultural land or construction of plot, both the parties should present the RTC papers in respect of the said land before the Police Station Officer. These documents can be investigated by the police station officer after conducting a preliminary inquiry and filing a criminal case against the person who submitted the false documents. After investigation, the person who produces the genuine travel documents should be protected by looking at the travel documents and account records.
In the case of agricultural land, non-agricultural land, site, building, if it is not known who is the real owner or possessor of the disputing parties, if there is a disturbance regarding this land, the station officer should register a case under section 145 CrPC and take action before the sub-divisional magistrate. To perform the duties as per the orders of the Deputy Magistrates. Also requesting the Talashildar to enter the orders of the sub-divisional magistrates in the gazette. The authenticity of the documents should be verified and protection should be given to the eligible person.
In the matter of non-agricultural land, plot, building, the order made by the Divisional Magistrate should be presented before the local authority and the proper registration should be made in the accounts of the said property.
Rule 10
When a person seeks protection under a court order
Police action: No police officer can be compelled to provide police protection on the basis of any court order. In case the court has ordered the police to take action, the police shall only compulsorily comply with such order. Seeking the advice of a Prosecution Assistant (Legal Counsel) in case the party is unable to enforce the court order. A report may be submitted to the concerned court with reasons for not being able to comply with the court order.
Rule 11
If agricultural land/non-agricultural land is illegally acquired on site,
Police action: In case of complaint to the police station, the person who is registered in the Record of Rights or holds the account of the said land in his own name according to the rules,
the police can book a criminal case and investigate against the person who illegally acquired the land. If on investigation the allegation is found to be true, in such a case the person in illegal possession may be evicted from the said property. Protection may be given to the beneficial owner.
Rule 12
If the person who has leased, leased or leased non-agricultural land or building refuses to vacate the said asset without renewing the lease or tenancy agreement,
Action by Police: If any person continues in possession of agricultural or non-agricultural land, plot, building by agreement on rent or lease and continues in possession of the said property after the expiry of the Act, it becomes illegal acquisition. On the complaint of the real owner, a criminal case can be filed against the person experiencing unauthorized possession to evict the person in unauthorized possession from the said property and protect the real owner.
Rule 13
When an asset or property has been deeded to several persons and the police are requested to provide protection by such persons,
Action by the Police: Protection shall be given only to the person whose entry is in the Record of Rights column 10 and 12. Intimation to the first purchaser of the property to change the record of rights mutation of the property acquisition register of the concerned local office in respect of such property. A person who has sold the property to a second or subsequent buyer has committed fraud and the police themselves can file a criminal case against the seller and take necessary action.
Rule 14
If a person seeks protection by producing only recently executed sale deed in respect of agricultural or agricultural land or building site without mutation or change of account (Sale Deed).
Police Action: The police cannot give any protection to a person who wants to acquire new possession of land. Informing the person who has purchased through the sale deed to make a mutation to the local revenue office or the local authority regarding the said property, to change the account in the case of non-agricultural land.
Rule 15
In the event of an injunction granted by a court in respect of any agricultural land, non-agricultural land, plot or building
Police Action: To provide protection to the person mentioned in Record of Rights (RTC) Clause 10 and 12. If the station officer has any doubt regarding the acquisition of the said property, in case the documents are not transparent, the two parties should get clear direction from the concerned revenue office about protection and send appropriate advice to get them present.
Rule 16
Acquisition of land on the basis that compensation for acquisition of land on the basis of sale agreement is not given if the Government of Karnataka or other authorities of Karnataka Government such as KIADB, BDA, etc., are requested to protect the said asset in the record of rights of agricultural land in relation to the acquired land or as the account holder of non-agricultural land, plot and building. No protection can be given on behalf of the person sought. Such a person should be advised to resolve the issue in the concerned government office.
