Damages for mental torture on tresspass

To my knowledge, provisions of Sections 103 and 104 are of no relevance in the context of the facts stated. Yes, a criminal action could be initiated. But  it is better if the present civil matter is pusued vigorously.

First get enough evidence to prove such encroachment.  You have to approach to Municipal authorities and apply for surveying of your land.  They collect nominal fees and provide you survey report.  At the same time, you have to file RTI Application to Municipality/corporation and seek a certified copy of municipal approvals and maps of the encroacher.  Approach to a competent advocate with evidence of such a survey report and copy of the municipal plan given and he can certainly guide you in both civil and criminal action.  

Thanks for the advice s sirs.but I want to Know damage can be claimed in the same suit for injection or criminal tress pass.

The advocate who can handle the case will explain you what is a civil case and what is a criminal case and the chances of  claiming damages in civil case for mental tension etc.

What is the relevance as to damages when the suit for damages already pending.  What is the present stage of the case? Have the defendants filed their written statement? 

Moreover, once the matter has reached the civil court, the procedure for ascertaining the extent of encroachment is to get an Advocate Commissioner appointed to investigate and report to the Court.

I nowhere mentioned one civil case is pending. So the above answer is not to the query.

Yes, I had read your query wrong; sorry.

My suggestion may be read as that you can file civil suit, simultaneously, you may move IAs for appointment of Court Commissioner and for temporary injunction.

Thanks for the reply sir. Then what about punishment for tresspassed and damages for tresspass

Sir, you may refer to this Article from para 5 for better understanding of the query 

https://www.lawyersclubindia.com/articles/settled-possession-7381.asp

If for All this Advocate shuld be consulted one should not come to this forum and you should not come to forum. Already advocate s are there. simply  every question can be answered Advocate will answer. I am very sad to read this answer. 

And I read the link sir.ok It Tell the tress passer will encrachment your property ,you should go to court. in the court all cases have been dismissed. The true owner lose. moreover the tress paser has only maximum 3 months jail or 500 RS penalty. If he again tress pass the same property when tress passer is the true owner. so if many culprit do not know the stupid law. if so many true owner will on on the road. Super Indian law. If the same tresspasser tresspass a Government land then the punishment is heavy.

What is the reason for the pessimism as above?