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Vaibhav Rathi   15 August 2017

Right to property

My Dad had a strip of land along an irrigation canal owed by the irrigation department of the State of M. P. , the Municipality constructed a R.C.C. road on the irrigation canal which was then not in use, and along with it they constructed road on his(my Dad) land too, to which he took objection and wrote letters to CMO and SDM (they never took any actions in the said matter).
Later when he was costructing a small boundary on it the officials of Municipality stopped him from not only constructing the same more over the began arguing on then ownership, they claimed that they constructed that road over that plot so it belonged to the government and hence filed a complaint against him for encroachment of government property.

So in this case can they be taken to the court for violeting my Dad's right to property, if yes then under which sections?



Learning

 3 Replies

Sankalp Paliwal (Advocate)     15 August 2017

You should approach civil court...

file a suit for mandatory injunction for demolition of encroachment

or

if you only want to protect rest of land not encroached you can file suit for permanent injunction against state and village panchayat

1 Like

Vaibhav Rathi   15 August 2017

thank you sir

Vaibhav Rathi   15 August 2017

can you also tell the section under which the MC can be prosecuted

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