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Can police stop construction if 144 is imposed
09-May-2023 (In Civil Law)
My neighbour has filed a case in SDM court under section 144 in case of land dispute to stop the construction of my house, which is adjacent to his land. He has written that we are doing construction in his land forcibly. But it's not true, we are doing construction in our land limits only. Now there is no order or notice send by the court to us to stop construction. Only one time attendance has been done yesterday in the court. Local police is telling that section 144 is imposed on this land and we can't construct anything. I checked with multiple lawyers and found that it can be imposed in a field or open area only not on a house. We have our house from last 25 years on that land and we are living continuously since there. We were doing construction in a part where the neighbour is doing all these things and Police is threatening us to stop the construction. I live in Ranchi Jharkhand. Please clarify me these things- 1) Can Police stop us on the basis of notice of the court to represent our side?
Dear Sir
Once the order has been passed by the SDM order to get stopped the construction, the police is duty bound to follow the same. You can get the order vacated by filing your show cuase at the earliest stating the exact affairs of the situation, particularly highlighting the fact that section 144, Cr.P.C. cannot be attracted on the residential buidling and other facts as stated by you. You can insist the SDM to make hearing on the case at the earliest after filing your show cause.
Regards
Rohit Ranjan Sinha, Advocate
Once the order has been passed by the SDM order to get stopped the construction, the police is duty bound to follow the same. You can get the order vacated by filing your show cuase at the earliest stating the exact affairs of the situation, particularly highlighting the fact that section 144, Cr.P.C. cannot be attracted on the residential buidling and other facts as stated by you. You can insist the SDM to make hearing on the case at the earliest after filing your show cause.
Regards
Rohit Ranjan Sinha, Advocate
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Adv. Rohit Ranjan Sinha
Ranchi | 25+ Answers
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Which section is used for land dispute?
The procedure for a dispute concerning land or waters that is likely to lead to a breach of peace.
What is the landmark case on Section 144 CrPC?
Validity of section 144 CrPC in the Constitution
Justice Hidayutallah, in the well-known Madhu Limaye case v. Subdivisional Magistrate of 1968, ruled that Sections 144 and 145 of the Criminal Procedure Code are not unconstitutional when used properly. The possibility of abuse is not enough to justify their repeal. 17-Jul-2022
What is not allowed in Section 144?
The Criminal Procedure Code of 1973, Section 144, allows the Executive Magistrate to issue an injunction to prevent the gathering of four people or more. The law states that every member of an unlawful gathering is liable for rioting.
Police cannot stop the construction unless there is an order from the court of s.d.o impleaging the proceeding however the proceedings are imitated only on appreciation of breach of peace and trianqualty
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Adv. Jorong Sanga
Ranchi | 100+ Answers
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Well, you are updated with your question as well it's answer. Your concept is clear & right. Sec144 crpc will be not applicable in a deweeling house but once you have appeared before the court, you should have to file your written statement/ show cause mentioning entire grounds with respective proof before the court to revoke the sec144 against you on your disputed land/house. In between you stopped construction or continue your construction with the permission of court.
No doubt, police is duty bound to stop the work. Plz consult your lawyer/contact with entire documents for more details.
Thanks
Aditya kumar
Advocate
No doubt, police is duty bound to stop the work. Plz consult your lawyer/contact with entire documents for more details.
Thanks
Aditya kumar
Advocate
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Adv. Aditya Kumar
Gumla | 100+ Answers
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You have solution in the case under the law in regard and you can made construction in you land but for that you have to complied some legal formalities. At present Section 144 is imposed on the land you may come out from the situation.
To know regarding all may contact with me getting my information from the site.
Shailesh Kumar
A High Court Lawyer
To know regarding all may contact with me getting my information from the site.
Shailesh Kumar
A High Court Lawyer
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Adv. Shailesh Kumar
Ranchi | 25+ Answers
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