Damages for mental torture on tresspass

Sir, my land has been encrached by putting up construction partly.That 25 percent of the building construction comes in my land. For which can I file In juction order under 0rder 39 Rule 1,2 and 3 and in the same petition clam damages both physical and mental. may I also use sec.103 and sec 104 of IPC. I am a Government servant. What case is available for punishment.The police SI ask me to go to judicial remedy. refuse to file FIR. PL help me sir am in a tensed state. I consult Ed many lawyer they do not know how to proceed with law.

To my knowledge, provisions of Sections 103 and 104 are of no relevance in the context of the facts stated. Yes, a criminal action could be initiated. But  it is better if the present civil matter is pusued vigorously.

First get enough evidence to prove such encroachment.  You have to approach to Municipal authorities and apply for surveying of your land.  They collect nominal fees and provide you survey report.  At the same time, you have to file RTI Application to Municipality/corporation and seek a certified copy of municipal approvals and maps of the encroacher.  Approach to a competent advocate with evidence of such a survey report and copy of the municipal plan given and he can certainly guide you in both civil and criminal action.  

Thanks for the advice s sirs.but I want to Know damage can be claimed in the same suit for injection or criminal tress pass.

The advocate who can handle the case will explain you what is a civil case and what is a criminal case and the chances of  claiming damages in civil case for mental tension etc.

What is the relevance as to damages when the suit for damages already pending.  What is the present stage of the case? Have the defendants filed their written statement? 

Moreover, once the matter has reached the civil court, the procedure for ascertaining the extent of encroachment is to get an Advocate Commissioner appointed to investigate and report to the Court.

I nowhere mentioned one civil case is pending. So the above answer is not to the query.

Yes, I had read your query wrong; sorry.

My suggestion may be read as that you can file civil suit, simultaneously, you may move IAs for appointment of Court Commissioner and for temporary injunction.

Thanks for the reply sir. Then what about punishment for tresspassed and damages for tresspass

Sir, you may refer to this Article from para 5 for better understanding of the query 

https://www.lawyersclubindia.com/articles/settled-possession-7381.asp