Illegally trespassing on our land by planting trees
sudhakar s. yeradkar
(Querist) 16 August 2019
This query is : Resolved
Respected Sir / Madam,
We have Residential Federation consisting of 25 societies. We are in process of deemed land conveyance deed.Meantime one another society who is not member of our society has planted 4 to 5 feet trees on our land.
They refused to remove the trees when we told them to do so. On the contrary they threatened us for filing criminal case against Federation if the trees removed by federation. The Federation has a legal possession on the said land as builder had formed this federation and handed over all charge to the Federation of whole residential complex and land.
Please guide us for appropriate action.
Waiting for your earliest guidance.
Thanks.
Dr J C Vashista
(Expert) 17 August 2019
How does a "Federation" got title of the land and further handed over title, interest, possession of the land to 25 member Societies, as stated by you?
Consult a local prudent lawyer for better appreciation of facts/ records, guidance and proceeding.
sukanya (Joyce)
(Expert) 17 August 2019
U state that u are still in process of land conveyance deed. What are the by laws of ur builders federation. Check n read it. There must be a norms as to tresspass, encroachment ..do u have in ur by laws of ur federation, usally societies have by laws. Check it.
And tree branches encroachments , trespass comes under the Tort Law. This law is not enforced in India. It's in US. Still under Civil or criminal law u can take action. U can give ur complaint /greviences before forest department and munciple corporation.. They guide u or help you to lead on right process. Taking their support u can go to police station to seek police help.
Hemant Agarwal
(Expert) 18 August 2019
1. IF the trespassing Society is located within the "common layout plan" within which the federation is formed, THEN the federation cannot take objection, whatsoever, even if this 26th Society is not a member of the federation. The 26th society shall be having stake in the "common layout plan", without any exceptions, whatsoever.
2. Further the office bearers of the Federation shall be committing a prosecutable offence, IF the planted trees are felled for any reason whatsoever.
Keep Smiling .... Hemant Agarwal
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