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.

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

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

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

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.

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

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.

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

Regards

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.

File complain to police u/s 145 CrPC.

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

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.

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.

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