We have an empty land in chennai that has private lands on three sides as boundary and only one side as road approach. The encroachers have encroached all the frontage except about 3ft of access to our property (They have occupied road side poramboke and also part of our patta land). which there is an illegal encroachment and the same has been established when the governmetn surveyor did the survey. However he declined to certify that there is an encroachment in the property. I approached the police and they are saying that I should take legal course as this is a civil case.
Can the learnered members of the club advise me on the following questions
(1) Who has to certify that there is an encroachment in the property?
(2) What are the documents needed to take legal action against the ecroacher apart from title deed and patta? Do I need a certificate that there is an encroachment or will the court direct somebody to establish that there is an encroachment?
(3) The encroachers are citing a B-Memo issued by the VAO as a basis for their stay which has been issued for the road side poramboke land in front of our road approach side (between our land and the road). Can the VAO issue a B-Memo to the poramboke land in front of our property when that side is our only road access side.
(4) What is the role of tahsildar in this issue? How do I fight this encroachment?
Thanks for your valuable suggestions.
Regards
Kamil
