land encroachment

Querist : Anonymous (Querist) 16 April 2010 This query is : Resolved
sir , i am prabhakaran from a&n islands.
my father owns a house at portblair , land measuring 122 sq mtr , out of which we constructed house in only 80 sq mtr.
the problem is our neighbor who himself is a (lawyer) raised a compound wall across our boundary in which our land of approx 25 sq mtr is being encroached by him.
regarding this matter i have asked the revenue inspector and patwari to demarc my land 1 yr ago till now , and no action is being taken regarding the issue.
please give your suggestion and tell me the legal steps which i can take against those people.

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bhagwat patil (Expert) 16 April 2010
As you admit the neighbor"s enchrachment you confirm his possession it may be unlawful. In our legal fremwork it difficult dispossesse anybody. whatever contructions over ur land belongs to u. u have every right to demolish it. it anybody objects the action of demolition he will be sued for affecting ur peaceful possession.first confirm your plot boundries first by private servey

R.R. KRISHNAA (Expert) 16 April 2010
File a suit for mandatory injunction for removing the encroachment before the court. But first issue a legal notice.

It is also advisable to take the assitance of licensed surveyor and obtain a report on the extent of encroachment and file the report as a document in the case.

Raj Kumar Makkad (Expert) 16 April 2010
File the suit for possession in the civil court.

Parveen Kr. Aggarwal (Expert) 18 April 2010
File a suit for possession against the neighbour for recovery of the portion encroached by him. You may also claim mesne profits from him. During the suit you may get a local commissioner appointed (may be an official from the revenue department) from the court who may demarcate the land.

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