Sandeep Ba
Asked February 21, 2017

Illegal occupation of my land

  • 2 Answers
  • 374 Views

Dear Sir/Madam, I am a Software Professional in Bangalore, I have purchased a site of 60*90 in my village and I have all my original documents for that property. And I am constructing a home over there but the people who are staying just opposite to my land are SC/ST, they have acquired my land of 30 feet in front of my building with the local support and by thinking that sc/st people can't be touched by other caste. If I ask them they using abusing language and they will come in a group and talk in stupid language to my mom. For all these issues I have lodged a complaint in to police but even then they are still doing the same. Panchayath officer has tried to give them a notice but they are not taking that. So my question is how to proceed this? . Does injection from the court will help on this?. And even after we take an injection from the court, if they again do same abusing things and talk harsh and if they don't allow us to do work there, then how to proceed this?. Please please kindly help me with suggestions on this. Thanks and Regards.

Answers 2

 

Entering into your land without permission will amount to Trespass by the people. If someone trespasses on your property despite due warning the practical remedy is to ask them to leave. If they don't, you are allowed to use reasonable force to eject the trespasser. However, if they try to enter again then file a case under Section 441 of Indian Penal code, 1860 (criminal trespass). You will have to prove the ownership of the property in the court. Therefore, they can be punished under the Section 447 of IPC.

Agree Comment 1 Agree over 3 years ago
  • Default avatar
    Sandeep Ba
    Thanks for the valuable suggetions Mr.Jayant. Still more I request you to suggest me once court have given the injection suit to owner(me) of the property, then weather the court will give notice to the trespasser? and after getting an injection suit is there a possibilities to ask the police for protection before we enter into the property? And which type of injection is better solution for this?.
    Agree 0 Agrees over 3 years ago


Yes, notice will be served to the trespasser and file an application for permanent injuction. Since it is criminal trspass the application to IJ can be filed for police protection.

Agree Comment 1 Agree over 3 years ago
  • Default avatar
    Sandeep Ba
    Hi Mr.Jayant,I am very thank full to your kind suggestions.
    Agree 0 Agrees over 3 years ago


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