Unauthorized construction in our property

Sudarshan (Querist) 07 December 2020 This query is : Resolved
Hello Experts,

We have a huge house property in our village. Since we don't stay there recently we came to know that a person who has a land behind our property has constructed a house in his land and some of the property's elevation is coming into our property. We have talked to him and asked him to remove the elevation. He agreed to that.
In case if he doesn't remove that how can we proceed legally further which laws and regulation are applicable for this issue?

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Quick Summary

A property owner discovered that a neighbour's new construction is encroaching onto their land. While the neighbour initially agreed to rectify the situation, the owner is seeking advice on legal recourse if the encroachment isn't removed. Experts suggest consulting a local lawyer, considering civil suits for injunctions, and understanding relevant laws like Section 441 of the IPC for encroachment.

Isaac Gabriel (Expert) 07 December 2020
Consult local lawyer as it involves the local body which approved the plan.

Guest (Expert) 08 December 2020
Section 441 IPC -- Encroachment would apply and it is an Criminal Offence. Discuss in detail with an Local Advocate

Advocate Bhartesh goyal (Expert) 08 December 2020
You have to file civil suit for mandatory and prohibitory injunction and get restrained your neighbour from court not to make construct ion further in your land and remove illegal and unauthorized construction already done.

Dr J C Vashista (Expert) 09 December 2020
You have already talks with the encroacher (neighbour) wherein he is stated to have agreed to remove unauthorised construction, what is your apprehension ?
Wait and watch before jumping in legal avenue, which you may avail any time as per law.

Dr J C Vashista (Expert) 09 December 2020
A building being constructed in village do not require approval of site plan.

Rajendra K Goyal (Expert) 10 December 2020
Agree with the expert Advocate Bhartesh goyal.

P. Venu (Expert) 12 December 2020
In many States, building plan, even in villages, needs to be approved by the Panchayats. Please verify.

As already suggested, the best option is to seek injunction from a civil court.

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