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(Guest)

Encroachment (2 sq meters)

A 2-storey building encroaches on a part of my plot. The size of encroachment is approximately 2 square meters (according to civic body's survey).
However, the civic body carried out another demarcation survey in my absence and claims that the encroachment has now been removed.

I have obtained this survey report through RTI application. It is a blatant lie. The encroacher had already scraped the plaster from the walls to show less encroachment (at the time of first demarcation survey), and it was not possible to reduce the encroachment further.
Additionally, the second floor is misaligned and protrudes even more into my plot, but the demarcation only measured at ground level. (They use crude sticks and stones and one measuring tape....they don't even have proper equipment to carry out demarcation surveys).

The Town Planner has written to me that the encroachment on top floors will be removed (but when? by whom?) and in another letter the Town Planner has claimed that there is no encroachment at all, according to a 3rd survey which was also carried out in my absence.
As you can see, they are a bunch of bribed pigs.

I requested demarcation survey to be carried out in Feb 2008, so that is the first official record that I am aware of encroachment.  The building which encroaches on my land does not have completion or plinth checking certificate either.

I wrote to the Town Planner, not to grant completion certificate to the structure which is encroaching on my property. But they insist that they cannot withhold completion because the encroachment does not exist.
I have interviewed 5-6 lawyers, but their approach is to ask me to
leave my papers (photocopies) with them and give them the money, to proceed in ways they deem fit. I want them to discuss with me first how they will approach my case.

One lawyer delayed my case for several months by giving me false case number and insisting that he was attending the dates, when in fact the case has not even been registered.
Notices have been sent.
 
I want to give my case to a competent lawyer.
Uma
9881365645



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 8 Replies

Chetan (Advocate)     10 July 2010

Madam Pls. provide  U R  Location  so that I can help / advise u

Bhartiya No. 1 (Nationalist)     10 July 2010

Madam Have u filed appeal of the third survey which took place in your absence and is faulty?

In my opinion you should file the Title suit with recovery of possession also make a map showing encroached portion in red color. Collect the plan & map of the opponent passed at Munispality. The encroacher can not claim more than he is having papers for. After judgement Court will appoint the surveyor and u too hire a good surveyor or architecture. Also take advice of a good civil lawyer. U can post this query in Expert section of this portal for better answers.

If u r not happy with the procedure and technique of demarcation of the authority, then u may file writ for that. Plz wait for the opinion of the experts.

Bhartiya No. 1 (Nationalist)     10 July 2010

Madam before filling civil/title suit u may serve them legal notice. Always track ur case with yourself and keep a watch in the activity of lawyer, u have taken right approach, first ask what recourse of law is reqd. and what line of action will be adopted by the advocate u will appoint.

What is the nature and behaviour of ur opponent is having. Is ur plot is adjacent to him? When has he erected the building? Does it having all reqd permissions from concerned authority?

Also consult with a good architect that does leaning and potrusion of the building  towards ur side poses any danger to you or not?


(Guest)

Hi Ashutosh,
Thank you for the timely and helpful reply. Will post under expert section if this query doesn't get any expert replies. The notice has been served under civil procedure code (suit against government body/ official) with the encroachers as one of the parties.

My plot is adjacent to his (encroacher's) plot. The encroachers claims that there is no encroachment. The building which encroaches on my plot does not have plinth checking or completion certificate.

We had warned them at plinth level as their wall was crooked. (Length of plot is 20 meters and the wall encroaches lengthwise on my plot) They said they will correct but continued to build. Within six months they had constructed 2 floors.

I asked for demarcation report from civic body right away. I got it after 4 months (delay tactics!). After that they carried out 2 more surveys of which I was neither informed, nor was I present, claiming that the encroachment was totally removed. However, in the same letter, they claim that the encroachment on upper floor "will be removed".

The town planner has written several letters in response to my RTI applications. In all letters he has contradicted himself about the scope of the encroachment. Corporation officials = we all know they cannot swallow their roti without bribe.

Bhartiya No. 1 (Nationalist)     11 July 2010

Madam I will reply u soon, do not pay much attention to the wrong done by or corrupt the govt. authority, which is separate matter. Now u pursue the encroachment by your neigbour, u should have noticed him only, why u included govt. To govt. officials u deal separately. Filing civil suit for tiltle with recovery of encroached portion and mandatory injuction to remove or demolish the encroached portion of the structure. Please wait for the opinion of the experts.

Bhartiya No. 1 (Nationalist)     11 July 2010

Madam u should have posted this thread in "CIVIL" section, this is the reason it is not attracting the required attention of the experts.

My advice is u go thro' the various postings in civil and experts section on encroachment and rekated queries. This u can do with the help of search option. And also go thro' the various judgements on this topic which u can find in indiankanoon.org, there u select advanced search, post your topic there and select Supreme Court and your HC.

For better understanding of ur problem u must understand the proceedings u will go thro' to maneuver ur suit with ur own. For other help u may write PM.

Bhartiya No. 1 (Nationalist)     11 July 2010

U just go thro; this judgement of Hon. Supreme Court,


Attached File : 32 32 subhaga ors vs shobha ors on 7 july 2006.pdf downloaded: 93 times

(Guest)

Hi Ashutosh,

I have downloaded the file, it is very kind of you to take and interest in my case and look up references.
I posted in expert section also, as per your suggestion and I got response there.
I am new to this site, did not know where to post, I appreciate your timely help.

Uma


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