Police protection for constructing boundary wall
lakshmi kanth
(Querist) 26 November 2014
This query is : Resolved
sir,
we have 528 sq yards land beside N.H 5, recently and 38 sq yards of it was acquired for widening purpose. and the surveyor who surveyed it wrongly stated it as communal site(actually the land behind us was communal site) so the local people belonging to s.c communitie started a propaganda saying that we encroached their land.and they wrote a petition the district collector for enquiry , collector asked tahsildar to conduct enquiry.
meanwhile we have gone to a.p high court and got the judgement that it is our land. basing on the judgement and r.s.r and other revenue records R.D.O ordered N.H authorities to pay compensation for acquired land and i also got compensation in cheque, and tahsildar also sent report to collector that allegation of petitioners is wrong and declared that it is a land belonging to us.divisional surveyor also did a survey and planted boundary stones to it and gave his report in favour of us.
inspite of these many reports those people do not allow us to construct boundary wall to our site and come to attack us in group of 60-80 people and removed the survey stones fixed by surveyor. so we want to know how to solve it( how to approach it, whether by injuction or what are other options.many people said that as they are coming in large group injuction might not help in this case and we also dont know those people) and how to get police protection for boundary wall construction. when we approach police they are rejecting it by terming it as civil case, but there is nothing civil dispute over here.
P. Venu
(Expert) 28 November 2014
You can file a civil suit praying for the relief not to obstruct you from constructing the compound wall.
lakshmi kanth
(Querist) 29 November 2014
sir, p. venu what is the diff between civil suite( will court gives police protection along with civil suite) and an injuction order which one will really help us on the ground situation. and i also heard that civil suite takes a pretty long time to get issued, and also that we need to pay high percentage on market value of property to get injuction so what is right. please some one help with me.
P. Venu
(Expert) 29 November 2014
In this case, the title to property is not dispute. Hence, court fees involved will be nominal(Court fees varies from State to State.)
It is not necessary that civil suits should always take a lot of time. Moreover, things are improving now.
T. Kalaiselvan, Advocate
(Expert) 30 November 2014
As advised, civil suit will be he relief for the present, in that itself you can seek for police protection if you apprehend large scale atrocity by the trouble creators.
lakshmi kanth
(Querist) 30 November 2014
sir, T. kalaiselvan and p.venu what is the difference between civil suit and injuction order.
T. Kalaiselvan, Advocate
(Expert) 01 December 2014
In civil suit, you can set forth the reliefs namely mandatory injunction, declaration of title and all other circumstantial reliefs.
lakshmi kanth
(Querist) 01 December 2014
sir, T.kalaiselvan i want to know that if the injuction order fails( if the respondents does not obey the court order) and they still attack us in the site and we will do the video shoot of all the episode there. and what is the further course of action, i.e is it mandatory on the part of local police to deal with such persons to get injuction into force and give us protection for construction or we should again approach court to get police protection. can anyone explain this please.
