please advice
pratyu
(Querist) 09 December 2009
This query is : Resolved
Sir, We havve a vacant plot in my name,we had not gone to that place for 4 years and when i went there last week i saw that the neighbour has occupied 3 feet land from my plot and built a compound wall.I would like to know the correct way of taking action before talking with anyone about this matter,please kindly advice me in detail about resolving this issue.
Raj Kumar Makkad
(Expert) 09 December 2009
First of all get the latest measurement of the plot through Tehsildar and get confirmed in the Govt. documents that your land has been encroached by your neighbour and then talk to your neighbour amicably and if no solution arises then engage a counsel, send him a legal notice and on failure file a civil suit for declaration and possession.
S. Bharath
(Expert) 09 December 2009
You need to issue a lawyer's notice calling upon your neighbour to pull down the compound wall and withdraw the encroachment within a stipulated time, say ten or fifteen days; if he does not do so, you need to file a suit in the proper civil court for mandatory injunction directing him to remove the wall. You may lodge a police complaint if you get a good criminal lawyer to support you with the affairs of the police machinery.
S. Bharath
(Expert) 09 December 2009
Take Makkadji's advice above on doing the home work; it will be of help in any forum.
Devajyoti Barman
(Expert) 09 December 2009
I agree with Mr Makkad except the suit should be for Recovery of possession and for Mandatory Injunction.
N.K.Assumi
(Expert) 09 December 2009
I am of the view that since your neighbour has already constructed wall inside your land, you file declaration of your title to your property illegally acquired by your neighbour and also pary for perpetual injunction against your neighbour from encroaching your land illegally.
niranjan
(Expert) 09 December 2009
Iagree with makkadsir,but I think that you must have a map of the plot and exact measurements in your document alongwith four boundaries.If you cannot get land measured otherwise,in the suit u can get surveyor appointed as court commissioner and get your land measured.
Arvind Singh Chauhan
(Expert) 09 December 2009
Follow the Raj Sir's advice and if you don't meet the amicable solution.You can also try short cut by complaining to Sub divisional magistrate under Section 145 Cr.P.C., but you must have to prove your real or ostensible possession etc as boundary wall just before the encroachment.
kranthi kiran
(Expert) 10 December 2009
File a suit for recovery of possession and mandatory injunction, requesting to pass an order order for removal/dismantle of the the Boundary wall constructed over your extent.
