• Construction of a through path crossing my farm plot

I own a 1 acre farm plot in a village of Mulshi Zilla in Pune district. The plot is about 30km from my residence, so I visit the plot once every few weeks. On my visit last week I found that another plot owner, who has his plot close to my plot .has constructed a motorable path cutting across my farm plot. The barbwire fence has been removed where the path intersects it. This man does not stay on the farm, but somewhere in Pune city

This has been done without my permission. I have tried to call him on his mobile phone, but he does not pickup the phone or call me back. 

Should I file a complaint with the Police Ststion or with the Tehsildar office in Mulshi zilla or with the Land Revenue office which deals with demarcation of agriculture land. plots ?
Asked 2 years ago in Property Law
Religion: Hindu

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8 Answers

This appears to be a criminal trespass or encroachment.

You can lodge a police complaint first and then file a suit for mandatory injunction against him to restrain him from interfering in your possession and enjoyment as well as to remove the obstacles he has put into your property.

 

T Kalaiselvan
Advocate, Vellore
89989 Answers
2494 Consultations

File police complaint of criminal trespass against your neighbour 

 

2) also file civil suit seek orders to demolish road constructed across your plot 

Ajay Sethi
Advocate, Mumbai
99787 Answers
8147 Consultations

Lodge a police complaint against him for trespass 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

If you own the plot and if someone has made a path across it without your express consent, you may very well lodge a police complaint for criminal trespass against that person. No need to file a complaint with the Revenue or land authorities.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

And offence  of trespass under Section 441 is committed by him. File a criminal  complaint in the Court of First Class Magistrate as offence  in non-cognizable, police will not accept you complaint. But if you can convince the police, that will help you. You can also file a suit for Specific Relief Act seeking his eviction immediately.

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

Dear client,  

As the other plot owner has constructed a motorable path cutting across your farm plot without your permission, you can file a complaint with the police station. The police can investigate the matter and take necessary action against the person who has encroached on your land.

You can also approach the Tehsildar office in Mulshi zilla or the Land Revenue office which deals with demarcation of agriculture land plots. They can provide you with information on the legal procedures to resolve this issue and guide you on the steps you can take to protect your land.

It is important to take action promptly, as delay in taking action can weaken your legal position. You should gather all the necessary documents and evidence to support your complaint, such as land records, photographs, and witnesses who can testify to the encroachment.

You can also consider consulting a lawyer who specializes in land disputes, who can advise you on the legal options available to you and help you take appropriate action to protect your rights as a landowner.

 



Anik Miu
Advocate, Bangalore
11015 Answers
125 Consultations

You can file a police complaint against him for criminal trespass. you can construct the fence and claim expenses from him

 

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

File complaint in revenue court. But before that first of all make sure your demarcation with patwari 

Ravi Panwar
Advocate, New Delhi
116 Answers

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