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Author Topic: Encroachment of My Property Boundary(1 feet area in width) by Neighbor  (Read 97 times)

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Offline lalendrakumar4

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Encroachment of My Property Boundary(1 feet area in width) by Neighbor

Village - Mohlai
Tahsil  - Durg
Jila - Durg
State- C.G

I bought a property on 21/02/2014 from Salesman(property owner). before that Land demarcation of the complete plot of the salesman on 13/02/2014 was done by Revenue Inspector (RI). I have the true copy of Land demarcation. the Salesman(property owner) sold their property in four parties. every one had satisfied from Land demarcation of the complete plot of Salesman(property owner) on 13/02/2014 was done by Revenue Inspector (RI).

Salesman(property owner) had 55*120 plot. he sold them properly in 4 Different part.
Details:
1) Party one: 30*55
2) Party two: 18*55
3) Party three: 30*55
4) Party fourth: remaining plot.

but on 22/02/2017, I visit my plot and noticed that seems to be something wrong. I did a measurement of my plot. I got 1 feet area has been encroached by my neighbor he is building a home in my area. I got my area 29*55 in place of 30*55. Then I asked my neighbor about this matter.  he did not agree.

Here I want to know about :
1) What type of immediate action can i take for land encroachment by the neighbor in my area?
2) currently I don't have Land demarcation paper on my plot(30*55). I have Land demarcation paper of Salesman whole property(120*55).
3) what type of action can do for over construction or illegal construction.
4) Can we stay the construction of my neighbor?
5) Can do any Police help?

Please share my all possible advice on my ASAP.

Thank you,
Lalendra Kumar








 

Offline kalaskarkk

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Re: Encroachment of My Property Boundary(1 feet area in width) by Neighbor
« Reply #1 on: December 29, 2017, 08:25:16 PM »
Here I want to know about :
1) What type of immediate action can i take for land encroachment by the neighbor in my area?
ANS: YOU MUST GIVE COMPLAINT TO POLICE AND CONCERNED CIVIL AUTHORITY LIKE PANCHAYAT AND MUNICIPALITY. THEN GET IT SURVEYED. THEN GO TO COURT BY FILING SUIT FOR POSSESSION.

2) currently I don't have Land demarcation paper on my plot(30*55). I have Land demarcation paper of Salesman whole property(120*55).

ANS: GET THE PAPER FROM THE SALESMAN AND ALSO AVAILABLE IN THE CONCERNED OFFICE.

3) what type of action can do for over construction or illegal construction.
ANS: ANY CONSTRUCTION OVER THE ENCROACHED AREA WILL BE CONSIDERED AS ILLEGAL CONSTRUCTION.
4) Can we stay the construction of my neighbor?
ANS: YES, GO TO CIVIL COURT AND ALSO GET APPOINTED COURT COMMISSIONER AND COURT WILL STAY THE CONTRUCTION UNTIL DISPUTE IS RESOLVED.
5) Can do any Police help?
ANS. IT IS ONLY A CIVIL DISPPUTE. THE POLICE WILL COME IF COURT ORDERS FOR IT.
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003. Karnataka.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com

Offline advjaibansal

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Re: Encroachment of My Property Boundary(1 feet area in width) by Neighbor
« Reply #2 on: January 06, 2018, 06:04:49 AM »
Dear Sir,

You may immediately file a suit for permanent and mandatory injunction restraining you neighbour from encroaching your property and completing the construction. Please take action immediately or else you neighbour may complete the constructions.

Regards,
JAI BANSAL, ADV.
Supreme Court OF INDIA
New Delhi, 9868566649
bansal.jai@gmail.com
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

 

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