You should file police complaint of criminal trespass against encroaches under section 441 of IPC 

2)also file suit for eviction 

3) seek injunction restraining sale of unauthorised construction done by encroachers 

Hi,it is advisable to file a civil suit for eviction and permanent injunction in court ..Also file a criminal complaint for trespassing against the intruders 

1. What special laws, if any, are applicable in Gujarat can be answered by only a Gujarat based lawyer. We can tell you the remedy in your hands on the basis of laws applicable uniformly throughout India.

2. You should file a suit for recovery of possession of your land along with consequential relief of permanent injunction in the competent civil court immediately.

3. Also get a FIR lodged for criminal trespass.

4. The limitation to file the suit is 12 years from the date when the possession of the defendants becomes adverse to the plaintiff, whereas if you file the suit within 6 months of dispossession you may maintain it on the basis of your possession alone irrespective of title to the suit property.  If the jurisdiction of civil court is invoked by a dispossessed plaintiff after 6 months, then he has to seek declaration of title, whereas recovery of possession can only be a consequential relief, which makes the matter complicated in a multitude of ways.

You can write down an application to collector of Rajkot city and get legal layout from collector officer of all particular land which has be encroachment done.

Hello,

File an ejectment suit as early as possible.

Regards

Pl put complete question.

Since when have you occupied the land?

Since when illegal construction are going on or rooms have been constructed?

What is your title and occupation over the disputed land?

What kind of action have you taken against illegal occupants as of today?

Who are the occupants occupying your land?

What kind of papers and documents they have with them?

CPC ,Specific Relief Act and Cr.P.C is applicable in all States of India.

Pl clarify my questions then I would definitely provide you professional advice legally adopted in the Court of Law.

You need to seek eviction of such people through filing complaints to civic authorities first then if not adhered to write petition of PIL in HC is a good remedy

1. FIRSTLY issue a Legal Notice to Police dept., and District Collector, about the illegal encroachment & trespassing on your land.

2. IF Police & Collector do not take action within 30 days, THEN file Writ Petition (WP) in High Court, for directions to Police & Collector to evict encroachers /trespassers and to initiate prosecution on them and to restore the land to you.  The WP orders is usually takes about a year.

Hello Sir, 

I have read your query and I hope I am able to provide you with sufficient information.

Firstly, if you have the registered sale deed of the land then you can always approach the court and file a suit for mandatory injunction and till the time suit for mandatory injunction is filed you can move an application for temporary injunction thereby restricting them to have unreasonable and illegal use of your land. Where an order of temporary or permanent injunction is obtained you can thereafter file the execution of such order and the executive authorities would be ordered by the court to comply with the directions of the court as mentioned in the order. 

Secondly, you can also write a complaint to the civic authorities such as Municipal Corporations or Development Authorities and address your complaint by showing them your sale deed and photographs of the encroachment. It is very important to know that if there are illegal encroachments then you should first address your complaint to the concerned civic authority and seek a response from them. If no satisfactory response is given from their side or no response is given you can also approach High Court under Article 226 and 227 of the Constitution of India for filing the writ petition and the High Court while indulging into merits may order the concerned Civic Authorities to remove such illegal constructions. 

I hope I am able to provide you with satisfactory answer. Please provide a feedback or rating. Your Rating is important for me and help me keep growing and serve better.

Thanks and Regards! 

Varun Talwar, Advocate Delhi High Court 

It will take a long time to get the possession of the property. Approx  2 to 3 yrs

File a police complaint against the trespassing, 

File a declaration suit for declaring your ownership and having an eviction order

With regard to applicable local laws in State of Gujarat, the local Advocate will be correct person to guide you.

In your case, you said 100 - 200 houses were constructed, you need to give reasons as to why you waited till so many constructions have come up, as such, Limitation Act applies to you.

Immediately lodge police complaint with the concerned local police marking a copy to ACP, DCP & CP of the area against the encroachers for criminal trespass  into your property under section 441 of IPC.

File a case against the said encroachers for eviction from your property.

You can also file an interim application seeking injunction against the said persons restraining them from dealing with the property in any manner / creating third party interest / alienation.

It cannot be said as to how much time it takes, but going by the contents of the post, it can tentatively take around 15 to 20 years or more to reach to a logical conclusion.

Given a chance, it is better & advisable to get the matter compromised (optional). 

A civil suit must b3 filed in a district court immediately. How many years have passed since you know and did nothing is also important for calculating the limitation period.

Dear querist, 

There are plathora of remedies available to you which are stated below as :

1. You can file a suit for possession and mandatory injunction. 

2. You can make complaints to the STF constituted for the same purpose. 

3. you can file a writ petition before the Hon'ble High Court for the possession of the property, removal of encroachments etc and other related remedies. 

Please note the time period they have been in the possession(uninterupted) is crucial to claim your ownership on the land. 

You can contact me for consultation. In case you need my assistance. 

Regards, 

YUGANSHU SHARMA 

ADVOCATE 

Since when land has been encroached ? File FIR.

Recovery of possession suit and injunction suit. IF you have delayed to initiate than court will also take time. Sooner  you will act, faster possession will recover. 

Hello,

1. It is pertinent to know how long you have been not in possession of your land and whether or not you have so far taken any steps in claiming the property back from the encroachers. Your claim may be hit by adverse possession when you seem to have condoned the encroachment.
2. You will need to file a suit for reclaiming possession, removal of encroachment including demolition of the illegal structures.
3. You need to engage a lawyer locally. 

- Since, you have the documents of the said land , hence no body allowed to enter and encroach Into the same without your permission and consent. 

- You should firstly lodge your complaint before the police and higher official , for the offence of trespassing &  encroachment into your land. 

- Further forward a copy of the same to the Municipal corporation , and in the office of the Collector of Rajkot  as well. 

- If, no response, then you can file a complaint before the magistrate for an enqiry and lodging an FIR against the persons who illegally trespassed in your land. 

- Further, you can also file a suit for Permanent Injunction , in your city court for stopping and restraining them to enter in your land . 

- These all process will not take much time . 

Good luck and dont forget to rating Positively. 

File a suit for recovery of possession and eviction. All the encroaches in your land make as a party in the suit.  The same time also file a criminal complaint against them under the ground Criminal trespass.

Dear Sir,

You are suggested to file complaint with Municipal/development authorities for removal of such persons from the property. If not done by the authorities, file the suit in the District Court.  

It will be very tough and difficult issue to evict and throw all the unauthorised occupiers out of your proeprty at this stage especially when there are more than 100 houses built in the vacant lands.

You can file a suit for ejectment to eject all the unauthorized occupiers out of your landed property by providing proper documentary evidences before court.

However it will be difficult to practically execute the court order to remove them and demolish their houses.

No doubt you are not forbidden from filing a suit or making a complaint with the local police for retrieving vacant possession of your property.

We suggest you should first write a representation to the local authority thereby asking them take action. If the local authorities fail, then you can file a writ petition before the court thereby seeking direction for demolishing of property.

Furthermore, you should also file a police complaint for trespassing against the people who are staying in the premises. Also, you should file suit for evict against the people thereby seeking there eviction. Along with suit for eviction also file application for temporary injunction thereby seeking stay on the property.

1. You should first approach local authorities and give complaint against illegal encroachment on your land. 

2. If they refuse to help then you should file suit against the person who is having possession of your land for eviction and removal of illegal encroachment.

3. You should also make municipal department and revenue department as party to the suit. 

4. You can also send a complaint to local police station and SP of rajkot