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Recovery of Land Occupied by Neighbour
05-May-2023 (In Property Law)
We have a land of area about 4350 Sqft. During constructing boundary wall it was found that some of our area is occupied by one of our neighbor and they had already constructed a septic tank there. The said septic tank was constructed around 12-15 years ago. So considering the situation we have lodged a a legal complaint at our local court under section 144/145. The first hearing was done and Hon'ble Court is instruct the Land Regulatory Office to investigate the matter and submit a report. But it is about 6 month past no action has been taken yet. Now my queries are, 1. Are we moving into the right direction? 2. What are the chances that we recover back our land again? 3. If by any chance the land can not be recovered, is there any chance to get financial compensation? 4. How can we get sure that the report submitted by Land Regulatory office is unbiased and genuine? 5. If we are not satisfied with the outcome, what should we do? 6. Is there any alternate way to get back my land again
Land maps superimposed with mouja , dag no,jl no of both parties along with a copy of the approved building plan of the other party and the order(s) of the Hon'ble Court required to be studied for proceeding​ in matter.
From the fact stated by you ,it is an act of deliberate unlawful encroachment of others lawful property.If the District land department fails to comply with the order(s) of the Hon'ble Court, due legal relief shall be made available to you.Don't opt for any action other than which are permitted under the law.
For thorough perusal aforesaid documents and charting out further course of action please arrange a legal conference through lawRato.
From the fact stated by you ,it is an act of deliberate unlawful encroachment of others lawful property.If the District land department fails to comply with the order(s) of the Hon'ble Court, due legal relief shall be made available to you.Don't opt for any action other than which are permitted under the law.
For thorough perusal aforesaid documents and charting out further course of action please arrange a legal conference through lawRato.
Helpful?
36+
36+
Adv. Goutam Majumder
Kolkata | 200+ Answers
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Dear client,
First have patience because legal outcome takes time, but getting your land can only be done through Civil Court not by executive magistrate court under application of 144/145 of Crpc. You have to file a suit in Civil Court for declaration that the land grabbed by other side belongs to you and banking upon such declaration you can get back your land or compensation for it.. But it's time taking process keep it in mind
First have patience because legal outcome takes time, but getting your land can only be done through Civil Court not by executive magistrate court under application of 144/145 of Crpc. You have to file a suit in Civil Court for declaration that the land grabbed by other side belongs to you and banking upon such declaration you can get back your land or compensation for it.. But it's time taking process keep it in mind
Helpful?
50+
50+
Adv. Vikram Ojha
Kolkata | 200+ Answers
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As you state that a order of court is present and the regulatory office is yet to take steps you may file an application before the same court or higher court to ascertain the status of the report given by the said office and if they haven't done any work you can take it to high courthe for pressing for them to do work. Thereafter you can file a suit against the person concerned for demolition. The process is a long one but eventually you will get your land
Helpful?
29+
29+
Adv. Alakananda Das
Kolkata | 100+ Answers
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