Legally you need to file a suit for evicting him from the illegal possession.
Illegal occupation of site
Hello I had purchased a site in 1996 from a developer. There were cases ( Minor suite and other dummy cases) that were filed after purchase / bef purchase ( I am not sure) and hence then the developer has not developed the property, i.e. he has not laid roads, not marked boundaries etc. The case has been onlgoing for 20 years without much effect. The site is a little for from the city and hence we have not paid much attension to it. Now, The absolute sale deed is in my name and I am paying taxes for the same. The EC also shows my name. There is a rowdy who has illegally occupied my site (along with 30 other sites) by levelling all sites and the road and now is refusing to vacate the site. He is also constructing some walls etc. we cannot make out which is our site or which is the road. If we go and object, a huge MOB gathers and threatens us. I have filed a Police compliant and I have an acknowledgement. - The police have agreed to mediate and we ( 8 site owners) have met a few times. The other 22 have not bothered to turn up. They are offering 1/4 rate for the site. I am not sure that they will pay even if I agree. A close aide of Police Commisssioner has promised to get my site released ( for an amount) My questions 1. If i use the police commisioner' help and get the site released, then construct a compound wall , house etc. How effective is this?? They can demolish the site and house without warning. 2. How can i safeguard my site legally? What kind of injunction must I take and how must I follow up / use police help to get my site. Should I Also make the developer as a party in the case? 3. i share a cordial relation with developer. He is not disclosing the actual number of sites he has. I am sure he has more than 10 sites. He says he has 4 sometimes, sometimes he says he has 6. What can be his hidden intention? 3. I also know a local DON in that area. can using his services aggreviate the already BAD situation? 4. In the end, I want to get back my site, compounded with a house. I am prepared to do it either way - legally / through "OTHER" means. Please provide me the best possible way to fulfill my motive
Asked 6 years ago in Property Law
Religion: Hindu
12 Answers
1) take possession of your property from the goondas , construct a compound wall , build house on land , install CCTV cameras in the house post security guards if you can afford it
2) you can file suit if you so desire against encroachers , file contest terms in court
3) developer is not required to be made party to the suit
4) don’t use local don services
What police expecting from is nothing but bribe. Compromise made by them is without any legal basis.They do not have Jurisdiction decide who is the owner and who gets how much land and what price. It is a completely civil matter and you must file suit for injunction and declaration of your title. Insist police to register a criminal case(FIR) for criminal trespass and criminal intimidation.
Have to file eviction suit against the person who is trying to illegally occupy your property as his trespasser and your property you will get added from the court and this will be executed by the police and later on when you get the possession of your site then you main safeguard your site as you wish
1. See if you get the possession of the property construct wall put up a notice on property that shall secure your property.
2. Developer shall be not party if he doesn't have possession of property if you get possession of property then wall and notice and a newspaper notice shall be enough. In case you don't get possession by police then you have to file a suit for possession.
3.See that is builders intent though you cannot claiming anything from him other then roads and layout so there is not much malice thing with builder.
4. See i would not recommend using illegal ways but yes if he can get you peaceful possession of property then it would be effective.
5. See legally it takes time by way of filing a suit but it is legal route so if police helps you that is better way out,
How can i identify my land? As the encroachers have levelled the land with JCB, thereby wiping out the site boundaries and roads.
Asked 6 years ago
1. Yes, this would be effective s long as you can continue with physical possession over the property.
2. Once you get the physical possession of the property and get it properly demarcated by making a wall then file a civil suit for declaration and injunction.
3. It is difficult to read his mind on this issue.
4. The ' other ' means is alright provided thereafter you explore remedy.
You will have your land map which is Registered. You can find our from the same
For assertaining the property as you said that you have registered deed so see the map attached to your sale deed thereafter give an application to circle office for measurment of land and for demarcation of the same even then if nothing is done then file a suit for recovery of person occupying your land.
See you can identify same from the map and sides of nearby plots as shown in approved plan and your deed. Further you can take help of local talati/patwari to verify same for you.
1) apply to survey office to demarcate boundaries of your land
2) take the help of developer in this regard
Dear Sir,
My answers are as follows:
- If i use the police commisioner' help and get the site released, then construct a compound wall , house etc. How effective is this?? They can demolish the site and house without warning.
Ans: Get a written documents that they do not interfere into your land and if you require to pay something then pay it and settle the matter amicably.
2.How can i safeguard my site legally? What kind of injunction must I take and how must I follow up / use police help to get my site. Should I Also make the developer as a party in the case?
Ans: You being the legal owner get file suit and get demarcated the boundaries by taking Court Commissioner (Surveyor) from Civil Court. Yes, you must make the developer as a party.
3.i share a cordial relation with developer. He is not disclosing the actual number of sites he has. I am sure he has more than 10 sites. He says he has 4 sometimes, sometimes he says he has 6. What can be his hidden intention?
Ans: If you array the developer as a defendant then he is bound to share everything.
4.I also know a local DON in that area. can using his services aggreviate the already BAD situation?
Ans: no, it is not suggested as things may still worsen.
5.In the end, I want to get back my site, compounded with a house. I am prepared to do it either way - legally / through "OTHER" means. Please provide me the best possible way to fulfill my motive
Ans: the best option is through court it may be little delayed but you will get result.
6.How can i identify my land? As the encroachers have levelled the land with JCB, thereby wiping out the site boundaries and roads.
Ans: Court will assist you to identify your site by appointing court commissioner as told above.
1. The rowdy and antisocial elements are habitual offenders and they may go to any extent hence it is advisable to dispose the same through the police as per the offer made.
2. If you feel that you can drive them out by a civil injunction suit then you may file a mandatory injunction against them.
3.In my opinion, you may complicate the issue more further.
4. You may appraoch legally through court of law while taking background support of some anti social elements
