Raghav Arora 09 May 2021
Sankaranarayanan (Advocate) 10 May 2021
First the land belongs to whom? If a person comes to place and destroyed all means it is not one day drama. Anyhow take photo of incidence and complaint to higher authority and Human rights authority. Give more clarity about the property will be more support to give our further suggestions
Pradipta Nath (Advocate) 10 May 2021
Apply under section 156(3) Cr.Pc and also approach the civil court for compensation. Aside need more details for analysis as to whether other reliefs like section 6 of SR Act or otherwise can be accommodated or not! Also ensure to file an ad interim and/or temporary injunction application with the main complaint.
SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 10 May 2021
The matter would not have escalated to the level as explained by you. It must have been brewing for some time. It is better you approach a local competent and reliable Lawyer with full facts and documents if any and seek his assistance for the further course of action.
G.L.N. Prasad (Retired employee.) 10 May 2021
Focus on a remedy. Any civil matter is to be decided by a competent court alone. Police were brought in to maintain law and order and to avoid friction, and when someone is not the owner at all as per revenue records, there is no necessity to inform them. Police should not be dragged into civil matters and criminal case is not a remedy. Explore possibilities if any for regaining the land through a competent advocate and there are no alternates.
Raghav Arora 10 May 2021
Thank you everyone.
Sankaranarayana Ji, the land a tually belonged to no one. The client took possession of the land around 25 years ago. He had no other place to live in then. Ye acquired the posession through 'Kabza'.
Since then, he had been living there.
Now, he got thrown out by the Hotel Owners.
The issue now is that FIR has not worked at all. Since, those who dispossessed the client are influential and actually have relatives working in various police departments.
So now, should we go to Criminal Court and file a complaint ? How does it work when complaint is made to a magistrate?
Should we invoke S. 6 of SRA?
Should we write to the Human Rights authority as well?
Also, sorry to ask, but this gies to a Criminal Court or Civil Court?
When they dispossessed the client and he revolted when he came to the site, they have hurled abuses and beat him.
I am sorry to write so much for you all to read.
swapnil jamdhade 11 May 2021
Venkata KumaR.G (Advocate) 11 May 2021
T. Kalaiselvan, Advocate (Advocate) 11 May 2021
Since a FIR has already been registered by police on the basis of complaint, if the police are not progressing the investigation or reluctant to take further action, you may approach judicial magistrate court with an application under section 156(3) cr.p.c., seeking direction to the concerned police to initiate proper legal action on the complaint made by you or you can file a private criminal complaint under section 200 cr.p.c. against the accused for action directly by court for the grievances you suffered.
Raghav Arora 11 May 2021
Thank you everyone!
Thank you KelaiSelvan Ji.
We have recvd from exoerts the following advices -
1. Write to Hunan Rights authroity
2. Use S. 6 of SRA
3. File Civil Suit for compensation
4. Go under 156 (3) against police
Is there anything else that we may look into or explore?
T. Kalaiselvan, Advocate (Advocate) 11 May 2021
In my opinion:
Approaching human rights commission in this regard is just a waste exercise, they cannot do anything about it, it is not a police excess, as a matter of fact it is a criminal act or an illegal act done by the opposite party, hence a criminal complaint with the police is the proper remedy for this atrocious act done against the complainant.
Section 6 of specific relief act says:
Section 6 in The Specific Relief Act, 1963. (1) If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person claiming through him may, by suit, recover possession thereof, notwithstanding any other title that may be set up in such suit.
Law Respects Possession -Understanding The Concept Of Adverse Possession. ... Under Section 5 of the Specific Relief Act, a suit for recovery of possession can be filed by a person who is entitled to the possession of the specific immovable property in the manner provided by the Code of Civil Procedure, 1908.
Before that since the complainant himself is not the owner of the property from which he was dispossessed, he first has to declare his title that was perfected by operating law of adverse possession.
For this he should have given an application to the revenue department to enter his name in the revenue records based on his long possession and adverse possession.
If the Revenue department recognised his title on the basis of his possession and issued him the patta, then he can be termed as owner of the property and not before that.
In the absence of his title to the proeprty, just because he was in possession of the property will not entitle him the title of property hence he may not be eligible to file a suit under section 6 of Specific relief act.
Further, Specific relief can be granted only for the purpose of enforcing individual civil rights and not for the mere purpose of enforcing a penal law..
Since he has been dispossessed by force using his muscle power and with the help of antisocial elements and also he was subjected to physical assaults, abuses, injuries, he is entitled to lodge a criminal complaint against the intruders, can escalate the matter through court, if the police is not cooperating with the complainant.
P. Venu (Advocate) 11 May 2021
"a party bought a land to build a hotel on it" - if a no man' land, who was the seller?