• Demarcation of property

I have a land at pune, I got demarcated and plan sanctioned consequently building was constructed. Later adjoining plot owner encroached on my land and being local and with help of goons does not allow me to built compound wall and road. What are legal options for the same
Asked 8 years ago in Civil Law

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5 Answers

file police complaint against neighbour for criminal trespass under section 441 of IPC

2) Section 441 of Indian Penal Code, 1860 which defines ‘criminal trespass’ as ‘Whoever enters into or upon property in possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered and unlawfully remains there

3) you can also move civil court and seek court orders for removal of the encroachment on your property and injunction restraining them disturbing your possession of land

Ajay Sethi
Advocate, Mumbai
96300 Answers
7759 Consultations

5.0 on 5.0

Well, seek police help which may resolve the dispute expeditiously.

if not then I regret you have to file civil suit for declaration and injunction.

Such suit takes sometime.

So first obtain temporary injunction order to build the boundary wall as once you build you can afford to linger with the case.

Devajyoti Barman
Advocate, Kolkata
23143 Answers
506 Consultations

5.0 on 5.0

1. First of all lodge a police complaint for his sid encroachment in to your area and restraining you in constructing your compound wall lawfully.

2. After that file an application u/o 39 rule 1 & 2 restraining your neighbour in interfering in to your construction work.

3. You can also file a Writ Petition before the High Court against the police for their inaction seeking relief.

Krishna Kishore Ganguly
Advocate, Kolkata
27353 Answers
726 Consultations

5.0 on 5.0

The legal remedy for you is to file a suit for recovery of possession in the civil court and also a criminal complaint for trespass and criminal intimidation. If your title is clear then you can recover your land from him no matter how influential he is. You get justice from courts, even if it takes time.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If the neighbor is indulging in illegal acts and posing threats with the help of antisocial elements, you may lodge a complaint with the police and initiate legal action.

Otherwise you may file a mandatory injunction suit against him restraining him from interfering into your possession and enjoyment of the property and also for possession of the encroached property.

T Kalaiselvan
Advocate, Vellore
86504 Answers
2301 Consultations

5.0 on 5.0

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