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Can we challenge illegal encroachment of private land
26-May-2023 (In Corporate Law)
Encroachment on govt land by private institute.Can we challenge it in Court by PIL.
Broadly speaking, yes you can challenge. However, we will have to explore the underlying facts. Possibly through a RTI. If you are serious about this share more details with me and we can work on it. If you would like to proceed contact me through LawRato.
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Adv. Pritika Kumar
Gurgaon | 25+ Answers
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In the case Jagpal Singh v. State of Punjab, it was held that trespassers who illegally encroached on to the Gram Panchayat land by using muscle power/money power and in collusion with the officials and even with the Gram Panchayat. Even if the appellants have built houses on the land in question they must be ordered to remove their constructions, and possession of the land in question must be handed back to the Gram Panchayat. The Court further held that the letter dated 26.9.2007 of the Government of Punjab permitting regularization of possession of these unauthorized occupants is not valid.
While challenging in the court by PIL might not be the best method, it seems that filing a suit under the provisions of the Land Encroachment Act has proved to beneficial.
While challenging in the court by PIL might not be the best method, it seems that filing a suit under the provisions of the Land Encroachment Act has proved to beneficial.
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