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Land encroachment near DSP Main Gate what to do
08-Jul-2023 (In Property Law)
Our land parcel has been encroached by a local association/society. They've built a stage (puja mandap) and a swimming pool (fully operational) in the land parcel. Due to various reasons, including living out of station, we haven't been able to prevent/manage the situation. The land was purchased by my grandfather in the name of my grandmother, and currently there are three legal heirs (Hindu). We want to understand our options and invite legally expert suggestions to stop the trespassing, remove the illegal structures, prevent future occurrences of the same, and claim damages.
You haven't mentioned since how long the encroachment had been continuing in your private land. There are two scenarios:-
1) where the encroachment is more than 12 years than encroacher can claim adverse possession. If no objection was raised during this period by you, as stipulated in section 65 of the Limitation Act, 1963 from the date since the trespasser adversely possesses your land, you will be barred from initiating any legal proceeding to repossess your land. Your right to obtain possession is extinguished but your right to the property has not been. The right to a property and right to regain possession of the same are two different things. There is no law which provides for `conferral of title' as such on a person who has been in adverse possession for whatever length of time.
2) where the encroachment is less than 12 years in a private land, you should raise objection on such encroachment. Any delay will affect your right to repossess your property.
Remedy:
(i) To identify the exact extent of such encroachment you file a survey commission with the help of Taluk surveyor.
(ii) After getting the report, file a suit for recovery of possession under Specific Relief Act along with mandatory injunction application from ejecting them from the encroached portion of the property and claim damages.
(iii) lodge a complaint with the local police and if police don't take your complaint, send it by registered post or remain inactive, send a written representation to the SP. You can also approach the Magistrate by filing a criminal proceeding under section 156(3) Cr.PC.
1) where the encroachment is more than 12 years than encroacher can claim adverse possession. If no objection was raised during this period by you, as stipulated in section 65 of the Limitation Act, 1963 from the date since the trespasser adversely possesses your land, you will be barred from initiating any legal proceeding to repossess your land. Your right to obtain possession is extinguished but your right to the property has not been. The right to a property and right to regain possession of the same are two different things. There is no law which provides for `conferral of title' as such on a person who has been in adverse possession for whatever length of time.
2) where the encroachment is less than 12 years in a private land, you should raise objection on such encroachment. Any delay will affect your right to repossess your property.
Remedy:
(i) To identify the exact extent of such encroachment you file a survey commission with the help of Taluk surveyor.
(ii) After getting the report, file a suit for recovery of possession under Specific Relief Act along with mandatory injunction application from ejecting them from the encroached portion of the property and claim damages.
(iii) lodge a complaint with the local police and if police don't take your complaint, send it by registered post or remain inactive, send a written representation to the SP. You can also approach the Magistrate by filing a criminal proceeding under section 156(3) Cr.PC.
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Adv. Robert D Rozario
Mumbai | 100+ Answers
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