Encroachment of Land
Our locality is built on Municipal land. We share a common wall with our neighbor(This wall was built by them). 15 years ago they had asked us to pay half the price of the wall, which we did. Now they want to put a slab and raise a floor on their house, they are denying that we had paid any amount of the wall and they are saying that we will have to build a separate wall 1 meter away from their wall. We have been paying Property Tax since beginning regularly. They have forged a stamp paper with my parents name with unknown persons thumb prints which states that we haven't paid any amount for the wall and that they have allowed us to use the wall and that we are not allowed to do any type of construction on the said wall and we will not be allowed to put slab. What can I do in this case? What are the legal actions can I take? I've heard that we cannot build multistory houses on Municipal land? Is it true?
File a complaint with police in respect of forge document, if the police fail to take action. Get file a ;private complaint in court. Also file suit in civil court and get stay order in respect of proposed construction by your neighbour.
The rules on common area and boundaries depend on the Municipality rules within which
your property falls. Due to lack of specific information on the Municipality in question, it is
difficult to comment on whether a multi-storey building is permissible on Municipal land or
not. What is advisable is to get a building plan sanctioned by the Municipality before
proceeding with any kind of construction.
On the issue of forgery of stamp paper, your neighbour can be held liable for the offence of
Forgery under Section 463 and Section 464 of the IPC (Indian Penal Code, 1860). The
elements which are required to establish forgery, as held by the Supreme Court in the case
Sushil Suri v. CBI 1 are:
(i) the making of a false document or part of it and
(ii) such making should be with such intention as is specified in the Section viz. (a) to
cause damage or injury to (i) the public, or (ii) any person; or (b) to support any
claim or title; or (c) to cause any person to part with property; or (d) to cause any
person to enter into an express or implied contract; or (e) to commit fraud or that
fraud may be committed.
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