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Encroachment of public road. Need suggestion
25-Dec-2023 (In Civil Law)
The mud road which is using as path way to enter into village where 50 family is living from main road. This mud road has 30ft breadth as per FMP. But only 15ft breadth road available for use.
Village people residing at right side of road and other side agriculture land. The land owner is encroached 50% of the road and his side also thorns tree which occupying remaining half of road. So village people facing issue while going through it. Land owner also opposing to cut off thorns and also he keep on increasing encroachment of path.
So we have decided to put pettion to convert mud road into thar road. But land owner put a court case to measure his land. As pathway is side of his land. official refusing to measure pathway and remove encroachment since landowner given letter official claiming that i had put down case in court.
But court did not directed any stay order so far. i dont think so, can stay order can be get stay order on public road.
So plz suggest how to deal? how to complaint against public road encroachment?
You need to file illegal encroachment and land grabbing complaint to police, village panchayat and higher authorities. And check if there is any stay order from the court and read its contents carefully to know that if the stay is appropriate. Depending on the facts of the said case affected parties can be impleaded to put forth their side of facts.
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Dr. S. Diraviam Dinesh
Chennai | 500+ Answers
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What is encroachment on public road?
When a property owner extends or builds a structure on public land, such as sidewalks and roads, it is called structural encroachment. Most of the time, residential streets and sidewalks are owned by municipal governments.
How do I file a case against encroachment?
A property owner may file a court application citing the Code of Civil Procedure, Order 39, Rules 1 and 2 to obtain a temporary injunction against encroachment.
What is the Supreme court judgment on encroachment on public road?
The Supreme Court ruled in SC 180 that municipalities are empowered to remove encroachments from footpaths and pavements where the public has a right to access or pass. The Supreme Court ruled that a municipality can remove encroachments on footpaths or pavements where the public has a right of passage.
If you have already filed a complaint at the municipal level, 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.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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