Hello,

If the builder is encroaching upon the land that has been allotted to you then you can claim compensation for the same from the builder.

Send a legal notice to the builder and if he does not refund the money for encroaching the land then file a case before the consumer forum.

Regards

Dear client,

You are absolute owner. Builder has no such authority and encroching. You can complain to police for creating nuisence on your purchase land.

Builder cannot take land belonging to you for landscaping without your consent

2) if you have purchased extra land you are absolute owner of said land

3) issue builder legal notice to remove the fencing

Sir issue a legal notice to builder that this is enchroachment to the land and further you shall not give for land scapping or recovery extra cost of the land for land scapping from the builder issue the demand of the refund of amount for the land used in land scapping.

Further file a consumer complaint to recover if on legal notice he refuses to pay.

This is my response to you:

1. You can first send a legal notice to this person;

2. You have full merits in your case;

3. You can also file complain to the police because the other person is a trespasser and this is a criminal offence;

4. You can also file a suit in the civil court;

5. File an injunction application;

6. Consult a local lawyer and take steps.

Dear Sir,

It is both criminal trespass and civil trespass. You may take both actions. Immediately you may file suit for injunction and also file a criminal complaint with police.

447. Punishment for criminal trespass

Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, with fine or which may extend to five hundred rupees, or with both.

Sections 441 to 462 of the IPC deal with the offence of criminal trespass and its aggravated forms. Trespass is generally a civil wrong for which the defendant can sue for damages but when this trespass is committed with a criminal intention, it is treated as an offence and made punishable under the IPC.

Section 441. Criminal trespass.—Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit “criminal trespass”.

Section 441 has two parts. The first part is regarding entry into property in the possession of someone else with the intention to commit some offence or to intimidate, insult or annoy that person. The second part refers to the remaining in the property unlawfully, after entering into it lawfully, with the intention of committing an offence or insulting,

regarding for the purpose of protect property from illegal possession file a suit for permanent injunction and in such case the competent hon'ble court may be granted relief interim injuction / temp. injuction .

Hi,

You may proceed against the builder for such an act and capture your land besides taking compensation for damages suffered due to his present act.

You must have mentione details of land like measurement in your sale deed. If yes then file a case of tresspass.

Is your title deed states that you have a share of additional land of 1593sqft. If yes then its your personal property and the builder has no right to earmark for landscaping. The land reserving for open space like landscaping must be done before entering sale deed with you.

You can file Injunction suit in court praying to remove such encroachments on your personal property.

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, trespassing against the person, supported with all relevant supporting documents.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.

Keep Smiling .... Hemant Agarwal

You can issue a legal notice to the builder instructing him to give up his proposed plan to occupy your porperty for any purpose.

You can approach civil court with a mandatory injunction suit against the builder restraining him from proceeding with the proposed project.

Before that ascertain that this property belongs to you as per the registered sale deed in your possession.