case against my developer or the person who encroached?

File case against the developer for selling land, which is not owned by developer. It become case of cheating. File case against the encroacher for encroaching the land. It will be difficult for you to decide, who is the fault. You have already taken 2.5 years to only to understand, against whom the case should be filed.  Hence, your legal strategy should be to file the case, where both are defendants. Let them argue their case, to prove that who is innocent.

Parveen Bansal

0997 159 3217

Dear Mr.Sunil.

First you should file a Temporary Injuncion suit against the encrochers, upon filing the case if you obtaine the injucntion order you can resist the encrohers.

Secondly you can file a suit as against the builder.

HELLO TEAM ! AI AM ALSO FACING SIMILAR PROBLEM, I HAVE GIVEN MY PLOT TO BUILDER FOR DEVELOPEMENT BUT HE HAS DONE NOTHING INLLAST 15 YEARS, INSTEAD CONSTRUCTING UN AUTHORISED GARAGE SHED, WHICH IS USED BY OTHER PERSON

I HAVE FILED CIVIL SUIT FOR POSSESON OF PLOT & INJUCTION  TO STOPPING HIM FROM DOING ANY ACTYVITY ON PLOT.

CAN I FILE A CRIMINAL CASE AGAINST HIM ?

PLEASE GUIDE ME IN THE MATTER.

Thank you very much to all for providing your input.

Dear Vijay,

Have a look at joint development agreement. Cancel the JDA by giving notice. Seek order from court for permanent injunction to not to carry any activity other than permitted activity on plot. Fight case for eviction. Looks like 15 years is a long time to get the plot back. Legal strategy to fight the case should be aggressive.