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Encroachment of property on open govt. land


19-Oct-2023 (In Property Law)
i want to know the process to stop a person who is encroaching his property on open govt plots by claming that it belongs to him. even when the issue was brought to the notice of collector, no actions was taken on that issue. The matter is between a groip of people leaving in slums . the propery i.e the govt land is in front of the people residing there and just behing the shop of the person trying to capture it, people already raised case against him and noe they negotiated with him on the basis that he said that he will not capture that land. but after that everything was settled,, he is now again started same thing. pls help me what can be done to stop the person from encroaching on th property and and to stop him. and let the government take over the land.
Answers (2)

Answer #1
730 votes
This is not easy issue but very complex legal issues.

Without reading the complete papers and earlier case papers and orders , it is very difficult to give proper legal advise.

However, as a general advise , you can file Writ Petition in High Court to stop the illegal acts of the opposite person.
People also ask

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.

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

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 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

  
Answer #2
713 votes
Dear Sir,

In this case there is two options of remedy which is following :-

1) You may file complaint in the Office of the District Collector & attach copy of 7/12 extract along with complaint . Copy of same complaint provide to the office of Talathi, Circle officer, Revenue Commissioner, Secretary Land Revenue Department of State. Take acknowledge of all copies. After that Collector will take legal action against encroacher.

2) Another remedy is you may file Public interest litigation in High Court against of government officers which is mentioned above. After the judgement High Court will give Order to all authority.

Thanks,

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