File police complaint of criminal trespass against neighbour 

install cctv cameras in boundary wall 

post security guards around your plots 

Respected sir

Your remedy lies with the civil court rather than in police station. You need to file a suit for permanent and mandatory injunction directing the adjoining land owner to restore the demolished compund walls restraining him to do the same in future perpetually. You also require to file an application seeking stay order on the land restraining the adjoining land owner to construct or use the likely to be captured land for his own use.

All the best!

It a clear case of committing mischief and trespass. File FIR through court and you may also obtain injunction by filling simple civil suit. 

File suit for permanent and mandatory injunction. 

- If you have already filed a complaint to the police for the offence of trespassing after damaging the boundary wall , then you should wait for the outcome of police report 

-  Further, if no positive response then file the same before the High police official for lodging an FIR against the culprits 

- Further, you can also file a complaint before the Judicial magistrate if the police not lodged an FIR 

- Further, you can also file an injunction suit for restraining him from entering into your plot. 

You can file a suit for permanent injunction against the neighbor restraining him from interfering in your possession of property in any manner and ask for compensation estimated based on the damages he had done to your property. Besides you follow up the criminal case also 

Dear Client,

In the Present Scenario, you had purchased a few plots in a Collector approved NA project in Maharashtra in 2012, which was approved by banks as well. However, in the last 12 years, you did not build anything there except a basic boundary wall around your plots. Recently, a few weeks back, the neighbouring land owner, who was not part of the layout, but claims that he owns agricultural land, has broken the few compound walls of yours. You have presently filed a NC Complaint with the nearby police station, and seeking to protect your property. Herein, firstly, since you have purchased the plots, you have lawful ownership clearly over the plot as long as the documents are maintained well. With respect to the legal protections or recourse, you have a right to protect your property from unlawful encroachment, and may also sue to the person for criminal or normal civil trespass. However, it is suggested that the relevant documents are collected and kept safely, along with photographs of the damaged compound walls. You are right in filing a police complaint, but if unresolved, you may file an FIR and go to the court to sue them.

Hope you find this answer beneficial for resolving the dispute.

1. File a complaint in the Court of Magistrate under Section 442 for commission of offence house trespass. Offence is cognizable and punishment is imprisonment  up to one year. Add Section 425 for committing offence of mischief by destruction of property. offence is punishable with imprisonment  up to three months. Also add Section 503 of criminal intimidation. If of is committed after 1st July, you can file the  said under corresponding Sections of BNS 2023 which  are 324 and 330.
2. File civil suit under Section 5 Specific Relief Act, 1963. Also seek interim injunction against interference and perpetual injunction to restrain future encroachments.

These cases are very common in various Courts of India. I can understand your concern in this regard. My team has dealt with various disputes of such nature. Police can neither register the FIR nor can investigate or effect arrest without the express permission or directions from the Court are known as Non-cognizable offences. These mostly include minor offences such as abusing each other, minor scuffles without injuries, intimidation etc.

Please note that Section 329 of the Bharatiya Nyaya Sanhita, 2023 defines that whoever enters into property in the possession of another with the intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into such property, but remains there with intent thereby to intimidate, insult or any such person, or with an intent to commit an offence, is said to commit ‘criminal trespass’. Further, Section 331 defines the punishment for house-trepass or house breaking and specifies punishment with imprisonment which may extend to two years and fine. In addition, Section 333 of the Bharatiya Nyaya Sanhita, 2023 mentions House-trespass after preparation of hurt, assault, or wrongful restraint. It holds significance within the realm of criminal law as it addresses the offense of house trespass after preparation for hurt, assault, or wrongful restraint. This provision is designed to safeguard the sanctity of personal spaces and ensure the security and well-being of individuals within their own premises and specifies imprisonment which may extend to 7 years and fine. Further, all these offences are cognizable and non-bailable admittedly the other side have committed the aforesaid punishable offences. Therefore, police ought to have registered a serious cognizable FIR to address your grievance. 

You can issue a legal notice through lawyer in this regard. Notice is, therefore, a formal communication to a person or an entity, informing the other party of your intention to undertake legal proceedings against them. This notice, when sent, conveys your intention before the legal proceedings and thus, makes the party aware of your grievance. Many times, a legal notice served will bring the other party to heel, and the problem is often resolved out of court, well before it goes to trial, with fruitful discussions on both sides. However, if the other party is still unheeding the grievance, one can always start the court proceedings. The bottom line is that it can serve as a point of reference to embark upon negotiations between two parties and save both the time, effort, and money that is usually spent in court cases.

Detailed discussion is required in such cases with relevant documents. You may contact my secretary to connect with me for clarification.

• Police Complaint: Since the trespass involved property damage, file an FIR for criminal trespass, mischief, and property damage under relevant sections (e.g., Sections 425, 442, and 503 for trespass and intimidation). If the police do not act, escalate the complaint to higher authorities or file directly with a magistrate.

• Injunction Suit: File a suit in civil court for a permanent injunction to prevent future encroachments and for a mandatory injunction to require the neighbor to restore the demolished boundary wall.

• Documentation: Gather all relevant property documents, photographs of the damage, and any evidence of the trespass. Installing CCTV cameras and/or employing security guards can also help deter further encroachment.

• Legal Notice: Send a formal legal notice to the neighbor to reinforce your intent to protect your property legally.

You need to file a suit and seek injunction against him. You need to file a FIR for illegal trespass and not Nc against him