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Jitendra N Ghosh   03 February 2021

Forcefully occupying our vacant land with help of Panchayat and Local Political People

We have a Vacant land in front of our house. My neighbours are trying/planning to forcefully construct a road overnight on the vacant land with the help of Panchayat and local politics claiming it to be road.
Earlier we tried to construct boundary and gate but they forcefully obstructed. We had filed one 144 crpc then.
Now they are trying to make it a road forcefully with help of Panchayat.
Please help what to do.


Learning

 5 Replies

rahul kadha   03 February 2021

File a suit for Permanent Injunction against the Panchayat people and neighbors restraining them from laying road in your property. 

You must submit all the relevant documents which proves your title to the land claiming by you. Along with the suit you can file a petition for temporary Injunction restraining them from laying the road pending the suit. You must satisfy the triple test to get an order from the Hon'ble Court those are- 1. Prima facie Case, 2. Balance of Convenience, 3. Irreparable loss. If you can prove that the property in which the authorities are  trying to lay the road as your absolute property you can stop them from doing so.

G.L.N. Prasad (Retired employee.)     04 February 2021

File RTI Application to Panchayat and seek details of the contract and details of landowners/occupation.   You are entitled to have rights of possession on which you are having title, and easement rights if any.  Contact a local advocate that has already dealt in the matter for further remedy.

P. Venu (Advocate)     04 February 2021

The best option is to seek injunction in a civil action.

Dr J C Vashista (Advocate)     05 February 2021

Well analysed, opined and obliged by experts, I agree.

Issue legal notice followed by suit for permanent and mandatory injunction through a local prudent lawyer.

Jitendra N Ghosh   05 February 2021

They have also filed the same compliant/FIR against us after they came to know that we have filed compliant. What are the steps to be done?

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