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  • Trespassing and chopping of trees

I had filed a police complaint as my neighbour at my agricultural land has trespassed in my property and chopped down euculyptus trees .
The property measurement was 1 acre and my neighbours was 2 acre 12 guntas. I was in posession of only 24 guntas out of 1 acre .I filed case for Remaining 16 guntas posession.
The said property was in dispute from 1996 to 2017 . I have got orders in my favour for 1 acre from AC to high court.

Now the police are not responding and they are claiming as the trees was planted by them and they can chop down .
Please suggest what can be done next ??
Asked 8 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

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12 Answers

1) if Police are refusing to register FIR file complaint before magistrate under section 156(3) of cr pc to direct Police to investigate and submit report

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hello,

If you have won the case in HC then you can file another writ in the HC thereupon seeking direction for the police to act in compliance of the said order.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Respected sir..

Just file a petition in the court stating the execution of decree of ...In thay court will direct the lae enforcing agencies to execute the court order ...If they prior try to cut those trees then just give a complaint to SDM for nuisance under section 133 of crpc ... Because as per me court will not order to them to cut those trees ...So you just have to file a simple complaint to SDM and a petition for execution of decree in court ..Your all problem will be solved ...

Thank you

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

Hello sir , you can directly file a criminal complaint in court .. Also file contempt of court against the offenders

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Please clarify the order passed by the high court. If there is any positive order giving direction on the police or your neighbour then you can file contempt petition in high court seeking implementation of the said order.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1) You can inform police that they are doing or done trespass on your land show them all land record and mutation copy. And book your trespassers under Section 26(1)(a),(d),(e)

Section 26 in The Indian Forest Act, 1927

26. Acts prohibited in such forests.—

(1) Any person who— 26. Acts prohibited in such forests.—(1) Any person who—"

(a) makes any fresh clearing prohibited by section 5, or (a) makes any fresh clearing prohibited by section 5, or"

(d) trespasses or pastures cattle, or permits cattle to trespass; (d) trespasses or pastures cattle, or permits cattle to trespass;"

(e) causes any damage by negligence in felling any tree or cutting or dragging any timber; (e) causes any damage by negligence in felling any tree or cutting or dragging any timber;"

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Hi

Take photographs of the chopped trees and debry and lodge complaint in writing with concerned Police under acknowledgement and request them to give their version in writing.

As stated above by you in your post.

If they deny, lodge complaint with the concerned higher ups and even if you do not get relief you may approach High Court for relief.

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Here the possession is disputed in civil court. So the police could not interfere in civil matters. Best option is to file

1. File a writ petition for getting direction for the police to act in compliance of the previous High court order.

2. You can file complaint before magistrate under section 156(3) of crpc to direct Police to investigate and submit report immediately

Ajay N S
Advocate, Ernakulam
4124 Answers
114 Consultations

Dear Sir,

It is semi civil case. At the most case for tress pass etc offence can booked under IPC. But normally police do not interfere when civil cases are pending. The option left to you is to file private complaint. More suggestion in person.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

If you won the case that property of 1acr. belongs to you you can file for meanprofits of it and you can get it.

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

If the police is not cooperating you may make a representation before the higher police officer in this regard and if you dont get proper response from them too then you can approach judicial magistrate court with a petitioin under section 156(3) cr.p.c. seeking its direction to police to initiate proper legal action on the complaint pending before them.

You can file a recovery of damages suit against them in the civil court also.

Before that can you tell that whop planted those trees, whether you or they?

You ascertain the maintainability of the lgal actions proposed to be taken on them.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

Dear Client,

Whoever give u this reason is an idiot, even if they have panted the tree, without court orders they, can`t cut them and enter in ur property.

Also, it`s clear case of Criminal trespass and Mischief.

Ask, Police to charge under u/s 424 and 441 OF IPC, failure to do so, complain to SP.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

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