• Encroachment issue

First of all Thanks to all whoever replied to my legal opinion query 5 days back as below.

I wanted a legal opinion on applying a Stay on the proceedings of Crematorium area extension. I am Prabakar M from a Village called Gajulapalli in Chittoor District. Our village has both upper caste and lower caste people and crematorium ground is separate for both . I am not a strong believer of caste and not against anyone. Now the lower caste people are asking for crematorium area extension. Crematorium area boundaries have our patta land and also parumboke land. Now they applied to Chittoor Collector to allot the entire parumboke area of 35-40 Cents for them for crematorium. We don't have any issues in government allotting the land but the extension area they are asking is very close to residential area and houses are within 50 feet. And also the area is behind the main road itself through which all villagers pass-by. Government is yet to allot the land but they are already cleaning the area to cremate the bodies with fire and is open area too. I wanted a legal opinion whether we can go for staying the proceedings in the Andhra Pradesh High court.

Follow Up Query: SC caste people formed a consortium among themselves and nominated few people to lead them and asked for crematorium extension by applying to Chittoor Collector which was forwarded to Revenue Department to address their concern. They wanted a 36 Cent parumboke land fully allotted to them to extend their crematorium in the village and our land is adjacent to that. Surveyor came as per collectors order to measure the parumboke land and these SC people did not cooperate with them on the markings due to which the surveyors returned back without doing anything.Later these people started cleaning the area even before the land allotment and encroached our Patta Land for nearly 20 feet by removing the SURVEY MARK STONES using JCB from the boundaries and also destroyed the Ecualyptus Plantation claiming that area is also part of parumboke land which is not. We don't want to fight with them and applied for the survey of our Land with Revenue department of Chittoor Andhra Pradesh. Surveyor visited the land and remarked all the boundaries using Geo Tagging Machine and reinstated all the SURVEY MARK STONES back on last week. We asked them why they did encroach our land after the survey and they did not reply but filed a petition to the collector once again saying we bribed Surveyors and marked the boundaries. Now i am looking to file a ENCROACHMENT OF LAND case against all the people who did this and wanted them to know Law is equal to all citizens whether it is SC or OC. I am currently residing in Chennai and wanted to know the expert opinion on this in filing a legal case against them and claim compensation and letting them know they can't use the caste to do anything they wish.

Kindly give me an opinion on this.
Asked 2 years ago in Property Law
Religion: Hindu

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4 Answers

There was no encroachment done by them because you got your land surveyed and got the boundary stones fixed accordingly protecting your boundaries of your landed property.

Therefore there is no cause of action at all if you got them solved by yourself.

You can take action through police and court if they one again occupy your property.

As far as the allotment of government poromboke land to them to extend their crematorium, it is the policy of the government, if you and the residents of the surroundings are affected by this extension, you can file a PIL before high court and get the allotment stayed.

 

T Kalaiselvan
Advocate, Vellore
90057 Answers
2499 Consultations

File case against the persons who trespassed on your land by filing complaint of criminal trespass under section 441 of IPC 

 

also file civil suit seek permanent injunction restraining them from disturbing your possession of land and for declaration that you are absolute owner of the land 

Ajay Sethi
Advocate, Mumbai
99855 Answers
8148 Consultations

Yes you can file the case against them. If your caste comes in atrocity act purview then you can register FIR also 

Prashant Nayak
Advocate, Mumbai
34569 Answers
249 Consultations

  • File a complaint of criminal trespass against the persons who trespassed on your land under Section 441 of the Indian Penal Code (IPC). 
  • Also, file a civil suit seeking a permanent injunction restraining the trespassers from disturbing your possession of the land and for a declaration that you are the absolute owner of the land. 

Anik Miu
Advocate, Bangalore
11021 Answers
125 Consultations

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