• Encroachment of public land and my 3 feets, and harassment to build the compound wall gate

Recently i had constructed a house and the neighbour has encroached the public land and even entered into my land almost 3 feets and he is restricting me to construct the compound wall and gate on my boundary line. Two times i tried to contruct the gate, but he is objecting and harresing, Even i complained in Muncipal, they came and checked the site and asked us to go ahead for the construction of Gate, but the neighbour is denying strongly, i couldnt understand how should i approach and i need to build the gate very soon.
Asked 7 years ago in Property Law
Religion: Hindu

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12 Answers

You need to go to court to seeking a direction from the court to stop him from interfering in your property and your right of way.

you can also file criminal complaint u/s 441.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Hi,

You are suggested to approach SDM of your area for removing encroachment and for taking proper legal action against neighbor.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Seek Police intervention and to prove your case before the Police, rely upon the report of the Municipal.

If the measure suggested above fails to help, approach the court and seek a restraint order against this neighbor.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Please file a civil suit for injunction seeking for permanent and mandatory injunction against your neighbour from interfering in peaceful possession and enjoyment of your land. File an interim application under order 39 rule 1 and 2 against your neighbors and get exparte injunction. Also seek for demolition in case he has done any construction in your land which he has encroached

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

Hi, it is advisable to file a civil suit for permanent injuction and obtain a stay order restraining your neighbor to interfere in the construction

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Sir file a civil suit and further file an application for the interim relief for construction of gate, further you can take help of police though civil dispute but they can agree to help you to construct the wall.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hello,

Send a Legal Notice to him and thereafter file a suit of injunction in the civil court.

Get in touch with a local lawyer.

You have a strong case.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Fails police complaint against your neighbour under section 506 of IPC for criminal intimidation

2) file suit seek court orders to direct neighbour to demolish illegal construction made on public land and your land , to return him from creating obstacles in construction of gate on your land

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hi

Since the Municipal authorities have confirmed the boundaries of your property, probably by conducting a Survey, you can opt to

A) File a suit for interim and permanent injunction against your neighbour in civil court and thereby get court orders for restraining the neighbour from interfering with your peaceful possession of the property and also get court permission for construction of gate.

B) You can also file a criminal complaint either through police or by filing a private complaint in court against your neighbour for harassment by nuisance( Section 268 of the Indian Penal Act) , Harassment through mischief (Section 425 of IPC ), Harassment through trespass(Section441 of IPC)

Hope this information is useful

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

If he is obstructing your construction without any valid reason you may seek the help of police for protection and also for taking proper legal action against him for his atrocities, illegal activities and criminal intimidation against you.

Besides police complaint you can even file a suit for mandatory injunction against him restraining him from interfering in your possession and enjoyment of the property.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear Sir,

Approach the civil court and get appointment of court commissioner and put up your compound wall and gate as he had already given consent in the municipality.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Dear Sir,

You may file suit for possession to recover encroached area.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

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