• Unauthorized encroachment of land

Hi, 
we bought a land back in 2003 which had links from 1969, and the person who originally owns it sold the land to another person and the person who bought it divided it into plots and sold it with out any layout plan number, after that the person who originally sold the land died then his son and wife with some other person had agian made plots in the same land which they didnt had possession and sold it.
Just imagine if our plots are horizontal, they made plan such that plots fall vertically so, plot sizes are different, and also tehy filed for layout plan and they got Lp application number, which is never approved and corporation office has no records regarding that layout plan. After which sons of both sold and bought parties went to court and court declared that, son of the person who sold the land doesnt have any right over the land the have made plots and selling under an unauthorized Lp application number. This all happened in 1994.
Later buying and selling ofproperties were being going on according to the plan which we have. though it is not having any Lp number but still corporation has given permission to construct houses according to the plan we have and people have constructed too. Now recently some people came up and started claiming that it is their plot which is a road for our plot in which no building is constructed and when corporation people came to lay roads they stopped them creating violence and tehy simply left from then things have been going on, they were calm for some days later which when my dad met with accident and bed ridden they came up with some people and again started creating ruckuss as they belong to Sc/ ST we didnt go for a verbal and physical violence we gave police complaint and they stopped after which we filed a case and got injenction but still they again sold that land which is illegal to another person and we have also filed for declaration too, then they colluded with DSp and he with police protection allowed them to build a compound wall which is actually a road, and yet we were fighting in court those people skip coming to court and still dragging case in the same time they transferred property to some other person and that person again started creating ruckuss in the land claiming that he will construct a house and we have been moving from commissioner of corporation to police but they are not stopping and doing work, while we asked our lawyer to do something he is telling will go to police this and that.
i want toask is it possible to move court to give protection for our land and the road till it gets cleared with immediate effect,please guide me what to do
Asked 4 years ago in Property Law
Religion: Hindu

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3 Answers

You have to file suit seek demolition of unauthorised construction made

2) seek injunction restraint carrying on construction on said plot reserved for road

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

Why didn't you seek injunction against the respoandnets. This matter will solve only through court.

Better file criminal complain through court, than police is bound to file FIR and investigate matte.

And deterring public servant from performing their duty punishable offense, why didn't they filed FIR.

You should have made corporation party in the suit, once they submit their reply that portion is for ROAD purpose, non will can do anything.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

An injunction order form court will be the only releif in the eve of corrupted officials and rowdy elements dominating the situation.

You have to obtain injunction by producing all the documentary evidences before court.

If your advocate is not cooperating you may change the advocate abruptly.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

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