Local people obstacling in front of my legal land
We are residing in shyamsundarpur,debra block under paschim medinipur of westbengal. we have 130 decimal land lateral to pucca sarak .some local people acquring in front of my land that actually belongs to p w d department.but when we are trying to acquiring my land and also front area of pwds then the people who already started their business in pwds area show their muscle power and we are failing to to do that.what to do with help of law?
Asked 2 years ago in Property Law from Medinipur, West Bengal
some people are asking for money to get off from in front of our land what have to do?
Asked 2 years ago
1)if land belonging to PWD has been encroached upon you should complain to PWD about said encroachment
2) if no reply received file RTI as to what action has been taken on your complaint
3)you can also file writ petition in HC to direct PWD to remove the encroachment on said land
1) there is no question of you paying any money to the goondas
2) land in question belongs to PWD why should pay money .
3) Let PWD remove such encroachment on basis of your complaints
1 . First lodge complaint with the local municipality to remove the illegal structures from your land.
2. If the municipality refused to act then file a written petition in high court.
you will get justice.
You cannot object people occupying the land which do not belong to you but can make a complaint with the municipality or pwd authorities. If those people create nuisance you may lodge police complaint. If hey obstruct your pathway or stand as an obstacle for easement rights, you may file a mandatory injunction suit against them to vacate the obstacle and provide your the access path way to our property from road.
1. Nobody can usurp a property and demand money to vacate it. One who does this, commits trespass and also extortion. There is no need to give them any money. They can be thrown out and arrested on court orders.
2. You should issue a lawyer's notice to them to demand that they should vacate the property. If better sense does not prevail on them you may go to court to file a case for their eviction. Additionally, you may prosecute them for grabbing your land.
1. first of all you should fortified your own 130 decimal land then you should take action against encroachment.
2. you have two options, firstly you can file application under sec 134 crpc for removal of nuisance from the land of pwd and secondly file suit after giving notice under sec 80 of cpc to the pwd officers for nuisance.
3. it is government land then you should not give any money.
4 you can file mandmus writ before high court, if pwd officers did not take any action in execution of decree.
case law :
in Olga Tellis & Ors vs Bombay Municipal Corporation it is held by the supreme court that no one has a fundamental right, whatever be the compulsion, to squat on or construct a dwelling on a public property.
1. Lodge a police complaint under copy to the local S.P. and post the complaint by speed post,
2. If no action is taken within a reasonable period, file a petition u/s 156(3) before the district Judge praying for a direction upon the police to investigate and act based on your complaint,
3. You can also file a Writ Petition before the High Court at Calcutta against police action praying for immediate relief.
1. Finish the legal course first,
2. If everything fails, then only you can try finding way to solve the problem by paying them.