Protest Petition for Encroachment of Road
My neighbour has encroached a 20 ft road ( our area is under Panchayat board) running adjacent to his plot Tahsildar did remove encroachment as its mentioned as road in FMB and layout.Right now neighbour has encroached the road again stating that he has registered the road 20* 60= 1200 sq ft with help of layout owner in 2007 and produced a document.Can we lodge a protest petition with Registrar office We have a letter from Tahsildar stating that encroachment of the road by neighbour has been removed. Please advice on how to go about on this issue
You have to find out whether the road is a public road as per the Lay-out. If so, civil suit will lie to evict him from encroaching the road. A public road cannot be bought or sold by registered document. By filing civil suit such document can be declared void.
Advocate A NarayananParry's Corner, Chennai
If you have enough evidence to prove that the land is a pathway you could file a declaration suit to declare that the particular road is a common pathway and the alleged registered deed as null and void before the civil court. This is the only way to put an end to this issue.
Advocate Vasavi Sridevi SivanandamMadras High Court, Chennai
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