Mousumi Bhowmick (SE) 08 August 2022
My neighbours are keeping multiple shoe racks(5), dustbin, broom, plant in common place, doing carpenter work by blocking passage. Repeated request by society members are unheard. Our society is unregistered and one of them not giving the required document also for society registration.
What action can be taken for common place encroachment in unregistered society as a flat owner?
Swadha 09 August 2022
As per Section 441 of the Indian Penal Code (IPC), 1860, encroachment is said to have taken place, when someone illegally enters the property that belongs to another person, with the intent to commit an offence or threaten any person in the possession of the such property and remain there illegitimately. The penalty for encroachment is provided under Section 447 of the IPC and it includes imprisonment of up to three months and/or a fine of up to Rs 550. If you want to deal with encroachment in a legal way, you should approach the court as per Order 39 (rules 1, 2, and 3) for an order of injunction and claim damages.
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