• Encroachment of a portion of my plot (BMICAPA approved layout) by neighbor agriculture land holder.

Sir,
I purchased (in September 2025) a residential plot (BMICAPA approved the layout in 2017) measuring 34 feet (N-S) X 44 feet (E-W) comes under Chikkanahalli Gram Panchayath, Bengaluru Urban District through e-auction conducted by a nationalised Bank. When I purchased plot everything was right, measurement was also correct. Bank handed over the possession to me. 

My Plot's northern side bounded by agricultural land. In February 2026, the said agricultural land owner got surveyed his land and immediately fenced his agricultural land including a portion of my site to the extent of 6 feet N-S X 44 feet E-W. I requested him to remove fencing, but he did not heed to my request. To prevent further encroachment, I fenced the remaining portion of my plot. 

Firstly, I complained to Police Station, they gave me NCR report. Then, I complained to BMICAPA, they informed me that they don't have authority to remove encroachment. Then, I complained to Gram Panchayath, they are non-cooperative. Subsequently, I approached ADLR of Survey Department for marking Hadbast of my plot and to officially mark the portion of encroachment, they informed me that they can do hudbast for agricultural land only, and only if applied by its owner. As mine was BMICAPA approved plot, they told they can't do hadbast.

I am really puzzled, all government authorities are making me running from pillar to post. Every effort is in vein. Encroacher smiles at me often. I wanted to ask few questions from learned Advocates as under:

1. When I complained to Police, they asked me that why did I erect fence for the remaining portion of plot, which portrays that I have accepted the act of encroacher and I own only the remaining portion. Is it correct to say so? I actually thought let the remaining portion intact under fence. I did not accept encroachers action.
2. The Land on which layout came up was actually previously owned by the encroacher himself. He sold 10 years ago to a developer. After 10 years of sale and layout formation, now encroacher is coming up with survey for his current land holding and fenced including a portion of my plot (along with portion of other 8 plots of difference owners). All along for 10 years (till developer had holding of layout) encroacher did not question it. Now encroaching my plot (along with portion of other 8 plots of difference owners) under the guise of survey, is it not a criminal trespass?
3. Who is the real saviour for me among Police/BMICAPA/Gram Panchayath/ADLR/Bank under current situation?
4. Which Government authority will certify me that my plot is encroached to so and so extent?
5. Can I hire a private surveyor for the survey work for marking extent of encroachment?
6. If I approach court of law, what all documents required, how much time will it take for finality. Please guide me what to do further.
7. Lastly, developer is bankrupt now, as I purchased from Bank, Can I ask bank for compensating me for the encroached portion?
Asked 3 hours ago in Property Law
Religion: Hindu

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2 Answers

Police are not correct in saying you accepted encroachment 

 

you did it to protect remaining land from encroachment 

 

2) it amounts to criminal trespass 

 

3) you have to approach court for declaration that you are absolute owner of land seek injunction restraining encroacher from disturbing your possession seek appointment of court commissioner to survey your land and submit his report 

 

4) police will not intervene 

 

5) you can engage a private surveyor 

 

6) litigation is long drawn process local lawyer can guide you as to time  taken 

 

7)following documents are required by you 

 

  • sale Deed / Certificate of Sale issued by the Bank.
  • Possession Certificate handed over by the Bank.
  • BMICAPA approved layout plan (2017).
  • Copy of the police complaint and the issued NCR.
  • Photographs and videos showing the encroachment and fencing.
  • Encumbrance Certificate (EC) from the date of layout formation to the present.

 

Ajay Sethi
Advocate, Mumbai
100343 Answers
8200 Consultations

1. This is a civil matter and the Police will have no role to play in the situation. However,  if there were to be a case of criminal trespass by a neighbour, for which you have demonstrable evidence, then your complaint is sustainable. 

2. If the neighbour has illegally fenced part of your property,  then such an act comes under criminal trespass. 

3.  The seller, i.e., Bank, if a fresh survey by the Government authorised Surveyor finds encroachment of your portion of land by the neighbour, then Police,  for criminal trespass. 

4  Office of the Assistant Director of Land Records, after conducting due Survey by a Government Surveyor.

5. Yes, it can be done.

6.  All documents from RTC to the sale deed in your favour.

7.  Since the seller is Bank, it has to compensate for the buyer's loss. However the Bank may come up with *As is where is condition *.

Shashidhar S. Sastry
Advocate, Bangalore
5658 Answers
339 Consultations

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