In Jabalpur M.P. I repaired my old boundary wall and raised it's height by one feet. But Parshad of my locality filed a false complaint on Saturday in the Nagar Palik Nigam stating that I have done encroachment on road and government land. As a result of that on same day around seven pm ,in my absence, encroachment department pasted a notice on my boundary wall under corporation act 322-323 as per which I was supposed to remove encroachment. They didn't gave me even 24 hour to go to S.D.M and other officials to show my papers and on Sunday at 11 am they demolished my thirty year old 100 feet long boundary wall, one toilet & bathroom which was Twenty feet inside the boundary wall and the they seized my Ten feet wide iron gate also. Please note that Parshad lodged the complaint on Saturday whereas Deputy commissioner of Nagar Palik Nigam gave order of demolition one day before that means on Friday which is ill-legal. Secondly signature of Parshad on the complaint letter are not matching with her original signature.I have got it checked by Bombay Forensic Lab and they gave above report. It means the complaint letter was a forged letter. The above incident took place on 23rd April 2017. Since then, so many time I inquired from Commissioner regarding this but he always protected his staff and not given me justice.Can I file a case against Nagar Palik Nigam Commissioner and claim my losses after Two years? Please advice.
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1. If your title deed and actual measurement of the land does not establish on paper any encroachment then you can file a writ petition to quash the demolition notice.
2. The issue of forgery can be agitated in high court by filing a petition under section 340 crpc.
3. So dispute the contents of the demolition notice and file the writ of Mandamus as advised above.
you can file suit and claim damages from nagar Palika for loss caused to you for demolition of boundary wall
2) before filing suit issue legal notice to corporation and claim damages for unauthorised demolition done of your wall
Two years have passed away can I serve legal notice now
you can serve legal notice now
Yes you can file a writ Petition against the said commissioner in high court
Yes you can claim your damaged and demand compensation for harassment you are suffering from last two years.
But you need to serve them a legal notice of 60 days before filing the suit against them.
Also file a criminal case against the authorities who have ordered demolishing of your boundary wall on ground of complaint having forged signature of parshad.
Delay is too long and now not much remedy is there.
Take immediate steps it is illegal as well as comes under the act of harassment.
you cannot simply file a lawsuit in court against the government. Instead, you need to provide a “Notice of Claim” to the government. If you do not follow notice of claim guidelines, your lawsuit will be dismissed by the court..
You should have taken legal action at that time itself.
It will be late now for initiating any steps in this regard.
Do you have proofs to prove that you have not encroached the government property in any manner?
If so you may file a mandatory suit to restrain the authorities from indulging in such activities in future and also file a suit for declaration of your title over the property which is alleged to have been encroached.
You can also claim compensation for the damages cause by the authorities by demolishing your boundary wall and damages to your gate.
Yes, you can issue a legal notice even now i.e., within three years from the date of incidence.