• Regarding illegal construction of building into our empty plot

Hi, we have 400sq.yds of land in Rampally gram Panchayat, keesar manual. The neighbouring plot builder constructed a house and he has constructed illegally into our plot. We have validated both the saledeeds and it is clear that he constructed a house beyond the permitted area and illegally occupied our land. I would like to know how to proceed legally in this matter.
Asked 4 years ago in Property Law
Religion: Hindu

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14 Answers

Make an compliant before the sub divisional magistrate or DM against the illegal encroachment in your property and proceed for removal of illegal enchroachment.

Further also register a police complaint against the builder for illegal occupying your land and damaging your property.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

File police complaint of criminal trespass against neighbour

2) If Police refuses to lodge FIR file private complaint before magistrate under section 156(3) cr pc and seek orders to direct Police to investigate and submit report

3) file suit and seek court orders to direct neighbour to demolish unauthorised construction made in your property

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

1) disposal woukd depend upon pendency of cases in your district

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

This would take a bit time for demolition of construction the order from the court will be requiere future the SDM will take imidiate action to remove the person from illegal possession

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

This is my response to you:

1. You can issue him a legal notice to demolish the illegal structure immediately;

2. If he does not demolish the same, you can take help of the police;

3. If you do not want the police to get involved file a suit in the relevant court;

4. The court will verify the land, the documents, the sale-deeds and give the order in your favour;

5. The entire process could take maximum 2 years, but in the meanwhile you can get interim orders in your favour.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1. Complain to local body to remove unauthorized construction on your land and restore it in original state

2. Also complain to local police for criminal trespass

3. If both don't take any action then file a Writ Petition in local high Court which is father than a civil suit

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Hello,

You will have to file a civil suit in the lower court and request the court to pass an order of demolition.

Also you approach the development authority who has sanctioned the map.

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Interm order can be passed on first day and the case might take 3-4 years to get decided.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You can approach to the civil court by filing civil suit for Injunction against the encroacher. In this case you have to file suit on the basis of sale deed and the said encroacher had done illegal construction in your property. Civil court would take around 2-3 years for complete disposal of this case, but you can always pray for interim relief.

As far as criminal proceedings are concerned you have to file the complaint with the police against encroacher, if they file a FIR, criminal proceedings would start, then there are chances to get possession immediately, with the help of police authorities, but for demolition, you'll have to approach SDM court or civil court.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

File complain to police u/s 145 CrPC.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

I have come across many cases like this. As you have validated both the sale deeds and it is clear that the builder constructed a house beyond the permitted area and illegally occupied your land so legal options are available for you. I would suggest you to file a FIR in the nearest police station in Hyderabad against the builder for his misdeeds.

It is a common notion that people are often refused an FIR registration. If you are reporting a crime and the police deny registering your FIR on unreasonable grounds, you can make a complaint to a higher ranking officer. If the Police still deny lodging your FIR, you can make a formal complaint to the nearest judicial magistrate, who will direct the police to register the FIR if deemed necessary.

After filing the FIR, file a suit in court for demolishing the unauthorized construction. In Hyderabad, these kinds of cases take minimum 2-3 years to settle.

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, New Delhi
312 Answers
5 Consultations

4.0 on 5.0

You may file a suit for mandatory injunction seeking to direct the opponent to remove the structures raised in your land and for possession of the encroached land.

You may even file an application along with plaint seeking to appoint an advocate commissioner for inspecting the suit proeprty and assessing the extent of encroachment done by your neighbor which will help you get the suit disposed very soon.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Thank you for letting me know the process. On an average scenario how long would it take for this entire process ?

The time taken for disposal of civil suits cannot be predicted owing to various factors involved in it.

You may be in touch with your advocate on all such issues.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

1. Conduct proper official survey of the land.

2. Based on the Survery report, file criminal complaint of Trespassing and Intimidation against the encroacher builder or whosoever. This will solve the problem permanently.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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