complain to NHAI about illegal encroachment on govt land
if no action is taken File writ petition in HC to direct authorities to evict illegal occupants from govt land
To evacuate illegal occupant in front of my land of NH road
I have a land adjacent to National Highway (NH) bypass in West Bengal and there is a vacant space between NH bypass road and my land. This vacant space is actually govt. land i.e., the extra land, which has been acquired by NHAI for the road. Some local people took illegal possession of the vacant space. As a result, my accessibility to the road from my land has been disturbed and it also hampered the position of my land. I have informed the local police station, but the problem has not been solved. Moreover, the police authority has verbally said that they have nothing to do with the land matter. So, my questions are : a) May I take any legal action i.e., may I apple to the honourable Court to evacuate the illegal occupant? b) If yes, please give details about legal proceedings i.e., the section under which the case will be started and in which court.
Asked 4 years ago in Property Law
Religion: Hindu
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4 Answers
a) You cannot take any legal action agaisnt the encroachers who have encroached the government land.
However since the encroachment is obstructing your easement rights, you can give a complaint in writing to the NHAI authorities about this encroachment by some third persons and illegal squatting in the property belonging to the NHAI. You may also mention that by illegally occupying the land belonging to the NHAI authorities they have obstructed your passage to road access or easement rights and request the authorities to initiate legal action to eject the illegal occupants from their property at the earliest.
b) If there is no proper response from the NHAI authorities or if there is considerable delay in taking any proper legal action by them, you may approach court with a suit for mandatory injunction to direct the NHAI authorities to initiate legal action remove the illegal occupants from the encroached property and to provide you the easement rights which have been obstructed by the illegal occupants.
You may have to implead the encroachers as necessary party to the proposed suit
1. Yes lodge a complaint with the government authorities to evict the occupier. If the authority which presently own the property sits idle on your complaint then file writ petition in high court.
2. So you can get in touch to get the forcible occupation vacated.
a) yes it can be taken.
b) you need to file eviction suit in the aforesaid case before civil court
