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Illegal encroachment of the neighbor on the government land
07-Mar-2023 (In Property Law)
Hi I have a plot in Siliguri Westbenga,the plot is surrounded by full wall and have 4 roads(proposed) in the recent past a l have had a neighbour who has bought a adjacent land and has build his shelter but is damaging our wall by placing his items also he has encroached the proposed road. He says if a police complain is given he will spend a night in prison and again do the same. What is the remedy for such cases? I do not wish to use strength but a law by which he can be taught a good lesson Note: The Land comes under Gram Panchayat
You have to submit a written complaint which is mandatory before going for any legal assistance. Police is the caretaker of a state . Informing police for every wrongful act within the jurisdiction is responsibility of each of us and it's police 's responsibility to inquire into the matter before taking cognizant of it. By the way damaging your wall is a civil wrong and encroaching your land is both civil and criminal wrong . Law torts amd injunction will help you to restraint him and punishment is pecuniary fine and recover your damages too on other hand trespassing on land is a criminal offence and punishment for criminal trespass is 3 years and fine. Relief and Remedy you will get for sure if you are legally correct .
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Adv. Sharmin Zafar
Kolkata | 100+ Answers
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First of all you have to follow the municipality ruled prevalent in your locality and to see whether your neighbour has violated any rules and if so then you can lodge a complaint in municipality and also could file a damage suit claiming compensation from your neighbour
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Adv. Vivek Poddar
Kolkata | 100+ Answers
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