complaint by public man regarding encrochment on railway land is permissible or not

Querist : Anonymous (Querist) 01 July 2011 This query is : Resolved
r/LCI Members
My neighbour has constructed his new building and he has encroched /extended his building upto about 10 -15 feet in railway land, railway officers are not taking any action despite knowledge of this encrochment for the reasons best known to them, i have heard that there is spesific provision under Railways property (unlawful possession )Act in respect of encrochment on railway land, i am ready to move written complaint before railways authority for registration of FIR against this encrochment , i want to know any public man can file complaint for registration of FIR in such situation,kindly help,railway officers are not taking any action ,kindly also suggest me any remedy/provision so that i can file complaint/petition in court directly,Thanks .Regards

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R.Ramachandran (Expert) 02 July 2011
You have no locus standi to file either a FIR with the police or to file any case before any court of law in this case.

If at all, it is only the Railway Department which can take any such action. At best, you can bring this to the notice of the Railway Authorities in writing (by Registered Post). Thereafter, after some time (say 2-3 months) you can make enquiries through RTI as to how your application was disposed of, whether the Railway authorities are aware about the particular encroachment, what action has been taken etc. etc.