If you have encroached on public land you would be called upon to demolish unauthorised construction done by you
Encroachment
I have a land in a village. There is a road in front side. One end of the front boundary was very close to the road whereas the other end of the front boundary was 20 feet from the road. During the construction of the boundary wall in 2001, we extended the later end of the boundary by 20 feet so that our boundary wall became parallel to the road. A few years ago, the village was included in the municipality area. Now our immediate neighbour is threatening us that they are going to lodge a complaint with the municipal commissioner about the encroachment. What could be the consequences of such complaints and whether our boundary wall can be demolished?
Asked 4 years ago in Property Law
Religion: Hindu
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8 Answers
Are the authorities bound to serve any notice before demolition? If yes, under which provisions in Uttarakhand please?
Asked 4 years ago
If it's illegal it may be demolished. You need to get stya from court and later regularize it
If a complaint is made or if it comes to the notice of municipal authority, a notice will be issued seeking removal of encroachment, against the notice you can approach civil Court, obtain stay against demolition of wall claiming right over the land by adverse possession.
You would be issued show cause notice as to why unauthorised construction made should not be demolished
Basically the encroachment is illegal hence you are liable to consequences for this act.
However if this annexation covers the period of adverse possession, you can very well file a suit to declare the title to this property by law of adverse possession with the support of documentary evidences in your possession,.
You can ignore the threats posed by the neighbor, you ask him to proceed.
If the municipality is issuing notice about it then you can consult a local lawyer and proceed to regularise your encroachment
The authorities after coming to know about the encroachment may issue a notice to you to demolish the structure and handover the vacant possession, if you do not act within the time stipulated then they may proceed with the same as per provisions of law.
- If this 20 feet is a part of your property , and earlier to 2001 it was using as road then none having right to demolish the boundary wall .
- However, if you have encroached the land of road , then authority can demolish after giving a notice to you.
Dear Client,
That any notices served shall be in writing and send by registered post or delivered personally and signed by the party or his/its duly authorised representative giving such notice. All activities including day to day management, billing, termination etc. will be carried out from the office of the MNA, Nagar Nigam Dehradun or by his duly authorised representative.
Thanks & Regards
