Street or Road Encroachment

Querist : Anonymous (Querist) 25 October 2010 This query is : Resolved
hi,

We live in a very small dead ended street, and ours is the last house. However, people who live at the beginning of the street, has encroached the street and have extended their house compounds to the street. We requested not to, but that doesnt work. And they also say they have the local governments support and say do watever we wish to do and that wouldnt work out.

I want to go legally and file a petition. Can anyone please help me out the procedure to file a petition and resolve this issue and get a space for all those in the street.

Thanks a ton in advance for all your suggestions.

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Devajyoti Barman (Expert) 25 October 2010
You have two fold option.-
1. You can make a representation to the Municipality about the said encroachment of the Road, if the same is a public passage. If the Municipality fails to do anything to remove such encroachment , you could file Writ in the high court.
2. You could alternatively file a suit for declaration and mandatory injunction against the said encroacher.

Raj Kumar Makkad (Expert) 25 October 2010
Why are you sleeping till to date? Why didn't you made a written complaint to your municipality or went to court seeking injunction when he was preparing to encroach upon the public street?

Now you have very less options available. File a suit in the court by engaging a lawyer and persue it for years and wait for its outcome. Prior to that you may also move to the municipality of your area.

s.subramanian (Expert) 25 October 2010
I agree.

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