1) file declaratory suit that you are absolute owner of land
2) seek orders to direct Police to provide protection for construction of boundary wall
3) file Police complaint of criminal trespass against the magia don under section 441 of IPC
We bought a property in haryana, but now one of the mafia there says some part of the land belongs to him. Now neither the property dealer wants to do napi nor the person who is claiming? We had build a boundary wall which they demolished . We are thinking for a complaint in CM window? What should be the way to proceed?
1) file declaratory suit that you are absolute owner of land
2) seek orders to direct Police to provide protection for construction of boundary wall
3) file Police complaint of criminal trespass against the magia don under section 441 of IPC
Hi, you have to file a police complaint for demolition of the Building and also file suit for bare injunction restrain them to not interfere in the peaceful possession and enjoyment of the property.
File a conplaint in the police station and not in the CM portal if police refuses to register an FIR then file a complaint before the magistrate under section 156(3).
Also file a civil suit to get an injunction order.
Regards
You need to file criminal as well as civil case in court of law which will make him under more pressure to vacate the place.
As you said that opposition party is Land Mafia, you have to prepare yourself for all kinds of legal battle as well as external pressure
To my mind, modus operandi of your problem should be as follows.
A) Personal & Family Safety:-
1. Before you start your battle, lodge a complaint regarding your problem to a local police station where you reside as well as where your property situated.
2. To compel police to take cognizance of your complaint, forward your complaint to concern SP, Police Commissioner, IG Office, Home Secretary State, Home Minister State, Chief Minister, Home Minister Central Govt.(Rajnath Singh), Prime Minister Office & President Of India office.
This will compel local police officer to take necessary cognizance regarding your problem. Also when you get assured of your personal & family safety, you can concentrate on your main object.
B) Civil Remady:-
1. It is important for you to know exact status & exact location of your property. So I suggest you to apply for measurement of your own land. It will help you to understand & recognize the actual boundaries of your land.
2. After recognizing the actual boundaries of your land, either you can communicate with opposition party or make necessary changes on your behalf.
3. Furthermore, you can institute a civil suit against opposition party for granting injunction & declaration which is subject to more consultation & actual study of your documents.
C) Criminal Remady:-
1. As you said that opposition party demolished your compound wall which is illegal, if you have any evidence in that behalf, you can file a private complaint directly in court for registering the offence against opposition party & also claim compensation.
Hi
Yes you can file a complaint on CM window which are present in mini secretariat of each district.
You can also file a civil suit for the possession of the land in the district civil Court.
Thank You
Demolition of your boundary wall, erected on your land, amounts to an offence. Lodge a FIR against this mafia for criminal trespass and other offences under the Indian Penal Code.
Also, seek an injunction order restraining this mafia from interfering with your peaceful possession and occupation over this property.
Hi, it is advisable to file a police complaint before the commissioner of police against the person involved for illegal encroachment upon your land .. Also file a civil suit for permanent injuction in court to restrain him from entering your premises
You should first lodge a criminal complaint with the local police, let them not take any action on this, you can aproach the higher police officer of the distrait with similar application seeking redressal of your grievance, if there is no action fro that side too, then you may aproach court with a petition under section 156(3) cr.p.c. against the intruders/mafia seeking direction to the local police for proper legal action on your complaint.
Approach to the CM cell may not fetch you any positive result even in the future.