incrochment
aman kumar
(Querist) 17 December 2009
This query is : Resolved
in many colony persons are incroched land of road as lown & use iran gerdil ,
many application given to corporation but the dont do anything ? can i do a civil case against persons who encroched land !
Devajyoti Barman
(Expert) 17 December 2009
If the Municipal or other authorities are complained against the encroachment of public property you can invoke the Writ jurisdiction of the High Court of your state alleging the acts of "commission and omission" on the part of the instrumentalities of the state for effective and speedy remedy.Alternatively you can also file a suit of representative nature for mandatory injunction and declaration and recovery of possession(Assuming you have received special damage.)
Arvind Singh Chauhan
(Expert) 17 December 2009
The shortest method is that you should file a complaint Under Sec 133 Cr.P.c to D.M or S.D.M. for the removal of public nuisance. He will proceed positively. You can file also a complaint in court, against such person for the offence Sec 290 IPC. For your kind information, the definition of public is defined under Sec 268 I.P.C.
Raj Kumar Makkad
(Expert) 17 December 2009
Mr! do not be confused. You have sought opinion over filing of civil court and my answer is yes. You can file civil suit but involve at least one other person with you. You engage a competent local lawyer who shall first obtain a permission under section 89 of CPC with the suit and shall proceed further.
Srinath Kondapally
(Expert) 18 December 2009
yes, u can file, and it is better to file WP proceedings in High Court,in the form of PIL also
