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pashyanti (legal manager)     03 February 2012

Suit for encroachment

Dear experts,

Pls. help me.

Our company is a real estste company and currently running one project under group housing scheme in Maharashtra.We want to purchase the adjacent land and when we take out the private measurement, we came to know that the adjacent land owner has encroached our area we have alredy purchased.

what remedy we have under the law?

Should we file a civil suit against adjacent land owner for perpetual injunction?Could any one can pls. send the draft and procedure of the same?

Your answers really helpful for me.

Thanks in advance.

Regards

Pashyanti



Learning

 2 Replies

Ashish Chakravarty (Advocate)     03 February 2012

Pashyanti, if the encroachment has already occured then you need to file a suit for restoration of possession and removal of any encroaching material by means of a mandatory injunction. However do clarify to us as to how has this encroachment taken place in detail as there might be a more practical solution available. There is one more thing hire a local lawyer, asking for a draft isnt the most practical solution imho.

pashyanti (legal manager)     04 February 2012

Thanks sir.


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