Encroachment of land/illegal construction

dinesh kumar (Querist) 17 March 2024 This query is : Resolved
I HAVE PURCHASED A LAND IN 1993 THROUGH A VALID SALE DEED. IN 2017 I HAVE TAKEN A MESUREMENT BY PVT. AMIN, MY LAND HAS SHORT ABOUT 170 SQFT WHERE MY NEIGHBOUR HAS ALREADY MADE ILLEGAL CONSTRUCTION. WHEN WE APPROCH HIM HE HAS ASSURED ME THAT TO REMOVE THE CONSTRUCTION, BUT AFTER SOME TIMES ,HE REFUSED TO DO SO. HE HAS GIVEN ARGUMENT THAT NO ONE CAN REMOVE THE CONSTRUCTION AFTER 12 YEARS OF ADVERSE POSSESSION. HE HAS GIVEN HIS 170SQFT LAND IN ROAD & ENCROCH MY LAND. HE HAS MADE A ONE STOREY BUILDING OVER MY LAND . WHEN WE OPPOSE ,HE HAS NOT MADE ANY CONSTRUCTION OVER THAT WHERE AS HE HAS ALREADY MADE TWO STOREY CONSTRUCTION OVER HIS ACTUAL LAND.I HAVE APPLIED IN ANCHAL OFFICE FOR MEASUREMENT OF LAND & CIRCLE OFFICER HAS GIVEN THE REPORT THAT 170 SQFT LAND IS ENCROCHED BY NEIGHBOUR & MAKE ILLEGAL CONSTRUCTION.. I HAVE GIVEN A LETTER TO SHO ,DYSP,SP,CO,DCLR FOR REMOVING THE ILLEGAL CONSTRUCTION.BUT NO ONE IS READY TO TAKE ANY ACTION.

NOW WHAT I SHOULD DO?

WHAT TYPE OF LEGAL ACTION MAY INITIATED TO REMOVE THE CONSTRUCTION?

IS ADVERSE POSSESSION ACT APPLIED ON MY LAND?

WHAT IS LIMITATION ACT,IS IT APPLIED ON MY ALND?

HOW WE CAN GET OUR LAND,WHICH IS FRONT & FACE OF MY BUILDINGS.I DONOT WANT TO LOOSE IT.

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Quick Summary

A landowner purchased property in 1993 and discovered in 2017 that a neighbour had encroached upon 170 sqft, building illegally. Despite initial promises, the neighbour refused to remove the construction, claiming adverse possession. Official measurements confirmed the encroachment, but authorities have not taken action. The neighbour has built a storey over the encroached land. Legal advice suggests filing a suit for mandatory and permanent injunction to remove the construction and prevent further building.

T. Kalaiselvan, Advocate (Expert) 17 March 2024
Your neighbor's encroachment and possession is illegal and he cannot perfect title by adverse possession.
The police will not be able to come to your rescue in this civil matter.
You have to file a suit for mandatory injunction against your neighbor to remove the encroachment and to deliver possession of vacant land to you.
Along with mandatory injunction you can also ask for permanent injunction against him restraining him from making further constructions to the existing structure.

kavksatyanarayana (Expert) 18 March 2024
Yes. As advised by the expert Sir, you can file a suit for injunction against him.

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