Criminal trespass of property!

Rudolf Rodrigues (Querist) 12 August 2014 This query is : Resolved
Dear learned lawyers,

My father owns a small piece of land near Mangalore, Karnataka State perched on top of a hill with a slopy terrain!

A land owner of the adjacent property has sold his plot to a broker. This broker has made a deep vertical excavation starting from my fence downwards to a depth of 50 feet, which has led to a substantial landslide resulting in loss of my land due to the landslide, and there is further fear of more landslide occurring due to loosening of soil. In this context, can I pressurize the police to file an FIR against this broker for "criminal trespass of my property" and what will be the effect of the FIR on the broker? And what other best action can be taken by my father, who is a sr. citizen to get quick justice and compensation for the loss of property?

Thanks in advance!

Rudolf R.

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Devajyoti Barman (Expert) 12 August 2014
Yes, you can lodge complaint with police. However civil remedy would be more appropriate for you.

ajay sethi (Expert) 12 August 2014
issue legal notice to broker . file suit for an injunction restraining the broker from carrying out further excavations . also to rectify damage caused to hill slop by continuous excavation

Rudolf Rodrigues (Querist) 12 August 2014
Thanks learned lawyers for your quick replies, but can the police refuse to file an FIR, and would like to know how exactly will an FIR help in such a case?

Secondly by filing a civil suit and asking for injunction would it not be time consuming process as my father is 83 years of age?

FYI, the situation is akin to what happened in Ambegaon, Pune but on a much smaller scale where life and property for inhabitants staying down the slope would be at considerable risk in the future if not immediately!!

Thanks!

ajay sethi (Expert) 12 August 2014
your father can in view of his age seek expedited hearing of the case . if police dont register FIR then file complaint before magistrate under section 156(3) to direct cops to investigate