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Encroached my land & won, now there relatives file a case
16-Oct-2023 (In Civil Law)
My property was encroached by a lady in the yr 1989 We put a case for title and eviction of the lady in the year 1990. Post that we have own all the cases (Lower court till High court 2nd appeal). During the case in High court the lady got her relatives built additional huts. Post that the District court order for an eviction. Now the other 9 have filed a case stating the land belongs to them too. They have EB bills and other secondary bills. Can the court first list such cases. What are the remedies available before. Is there any Supreme court judgments which I can refer too. Is it possible to dismiss the case.
The same law applies upon encroachment as that of trespassing on private land. Trespass is an offence under the Section 442 of the Indian Penal Code as well as the Law of Torts.
Trespass is of three kinds – of person (when the rightful owner is restricted from doing what he could previously do) , of chattel (when a person disturbs the rightful owner by using the movable property of the owner) and of property or land.
The judiciary may decide to pass an order of injunction to either stop or restrain the encroacher. This could be temporary or permanent.
The Court may also ask the encroacher to give the damages or in other words compensation for the encroachment. This is calculated on the present value of the land and estimating the proportion of loss caused.
If you see an encroachment and want to proceed the legal way, you should approach the court for an order of injunction as per Order 39 (rules 1, 2 and 3) and claim the damages.
Trespass is of three kinds – of person (when the rightful owner is restricted from doing what he could previously do) , of chattel (when a person disturbs the rightful owner by using the movable property of the owner) and of property or land.
The judiciary may decide to pass an order of injunction to either stop or restrain the encroacher. This could be temporary or permanent.
The Court may also ask the encroacher to give the damages or in other words compensation for the encroachment. This is calculated on the present value of the land and estimating the proportion of loss caused.
If you see an encroachment and want to proceed the legal way, you should approach the court for an order of injunction as per Order 39 (rules 1, 2 and 3) and claim the damages.
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Adv. Raghuraman Balaji
Chennai | 500+ Answers
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What is a legal notice for illegal encroachment?
Land encroachment acts require that either an individual or a group of property owners send a legal notice. Encroachment is defined by law as when a person or group of persons illegally builds on anothers property, or takes physical possession, without any legal right, title, or interest. 27-Jan-2019
How can we stop land encroachment?
The section 441 also applies to trespassing in private land. It is a crime under the section 442.
Under the Land Encroachment Act, the judiciary has two options: either they can stop them from encroaching on land or restrict them.
According to the Land Encroachment Act, the judiciary may also demand compensation for land encroachment.
How do I file a case against encroachment?
Hi, since you already filed a complaint at the municipal level, if there is an encroachment, and you want to proceed legally, you can approach the court and ask for an injunction based on Order 39 (rules 1 and 2) and claim damages.
What is the section for removal of encroachment?
As defined by Section 441 of Indian Penal Code, 1860, encroachment occurs when someone enters a property belonging to another without permission in order to commit a crime or threaten, and when the owner of the property remains there illegally. 18-Jul-2022
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