• Recovery of land occupied by neighbor

We have a land of area about 4350 Sqft. Three years ago we had shifted and settled there. Last year we planned for constructing a boundary wall. So we have measured the area in presence of all the neighbor. During measurement 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 it was jointly decided that we would construct the boundary wall at the edge of the septic tank, i.e without leaving the area as per municipal norms. All the parties present their is agreed upon the decision. Accordingly temporary pillars had been founded. But after all these process is over and all the people have gone, the aforesaid neighbor is denying the understanding and forcefully broke the pillars at his side. After that seek help from all the local non-judicial bodies, but no significant action had been taken from their side.
So considering the situation we have lodged 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. On an verbal inquiry they told that they will visit soon.

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.

Thanks & Regards
Saikat Das
Bishnupur
Dist- Bankura
West Bengal
Asked 8 years ago in Property Law
Religion: Hindu

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7 Answers

file RTI application with land regulatory authority a to what action has been taken on court orders

2)draw attention of court to fact that although order passed 6 months back no report has been submitted

3) if your land has been encroached upon you should be entitled to evict the trespasser

4)you can claim market price of the land if trespasser is willing to purchase your land encroached upon

5) if you are not satisfied with court orders passed on basis of report go in appeal against impugned order

Ajay Sethi
Advocate, Mumbai
100007 Answers
8163 Consultations

since you have already taken legal proceedings continue with the pending suit and wait for court orders to be passed on your application

Ajay Sethi
Advocate, Mumbai
100007 Answers
8163 Consultations

1) you have rightly invoked jurisdiction of court under section 144/145 of crpc

2) you can get your land back as per court orders

Ajay Sethi
Advocate, Mumbai
100007 Answers
8163 Consultations

1. Your course of action is misdirected to say the least. The proceeding us 144 is temporary (2 months) you are not going to get any relief under this proceeding.

2. You rather take two course of action-

i.file a suit for declaration of boundary and for inunction which takes some time,

ii. To get speedy remedy file a writ petition in high court agaisnt police irianction.

Another option is to file writ petition agaisnt the LRO for submitting his report fast

Since you are from WB you may feel free to contact me at [deleted] for filing the writ petitions.

Devajyoti Barman
Advocate, Kolkata
23662 Answers
538 Consultations

1. Are we moving into the right direction?

The relief before yo was to to move the civil court with a suit for mandatory injunction and remove the encroachment of your neighbor and also for possession of encroached land.

2. What are the chances that we recover back our land again?

The process what you have instituted is a round about one, it may take time

3. If by any chance the land can not be recovered, is there any chance to get financial compensation?

You can seek that as an alternate releif

4. How can we get sure that the report submitted by Land Regulatory office is unbiased and genuine.

You have to be present while they make an assessment, and can even record your objection if they act in a biased maner on the points that may affect your interests.

5. If we are not satisfied with the outcome, what should we do?

You can prefer an appeal

6. Is there any alternate way to get back my land again.

Even now you can amend the suit by adding other reliefs viz., mandatory injunction and also for appointment of an advocate commissioner to inspect and assess the encroachment.

T Kalaiselvan
Advocate, Vellore
90210 Answers
2506 Consultations

As the owner of the land we always prefer to get back our land instead of getting financial compensation. So, considering that please us the most suitable way of action.

You should file an application for possession of the encroached land from the occupier.

This can be done only after a proper assessment is made by the commissioner who will inspect and measure the property with the help of government surveyor and revenue department officials and submits his report.

T Kalaiselvan
Advocate, Vellore
90210 Answers
2506 Consultations

Is the section of appeal (144 / 145) is correct?

There is no question of trespass hence the above provisions of law may not be very effective.

If the everything goes right, is it possible to we get our land back?

Since you have initiated the suit you may have to wait for the development

After getting the land back, can we claim supplementary compensation for occupying our land for so many years?

It depends on the prevailing circumstances at that time, however it may not be maintainable.

T Kalaiselvan
Advocate, Vellore
90210 Answers
2506 Consultations

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