Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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Sunil (Software Engineer)     31 January 2010

Site Occupation Issue

 Hello Team,

I have bought a site(30X40 sq.ft) in Bangalore from a popular developer in the Jul, 2006 which is BDA NOC.  However, in the late 2007, another party has occupied the site claiming its his and even they gone to an extent of constructing a compound wall.  Note, its not me alone who landed into this problem, there are about 15 people whose (30X40 sq.ft.) sites which is there in one stretch has been occupied.  On checking with the developer who sold the site, he claims that he will get it in a couple of weeks.  And this I have been hearing from past 1yr 3 months.
On top, I have bought the site using bank loan.  I am confused as how I should handle this problem.  What are the actions that I can take?  Can I stop payment to the bank?  What action would the bank take?
Sunil Kumar


 4 Replies

R.R. KRISHNAA (Legal Manager)     31 January 2010

You have to file a civil suit for mandatory injunction to demolish the wall constructed on your property against the other party who has constructed the wall on your land.  The alternate remedy you have is to file a criminal complaint for land grabbing against the other party.  You have to follow either one remedy among the above two.


The bank cannot do anything in this matter.  Dont stop payment of EMIs to the bank. 


If the title of the property is very clear, you  can definitely succeed the case of civil suit for mandatory injunction.

Arvind Singh Chauhan (advocate)     31 January 2010

Follow Mr Krishna's advice.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     31 January 2010

Fist of all obtain the documents of the other party vide which it is claiming its owneership over such site and then establish authenticity of those documents from the relevant offices involved and then decide whether it becomes criminal or civil matter or both matters. Criminal action is more effective sometimes practicaly......

1 Like

Sunil (Software Engineer)     01 February 2010

Thank you very much Krishnaa and Raj kumar.  I am disappointed that inpite of taking a loan from Bank, I still landed into this problem. 

a. Do you think that Bank has not done its job? 

b. Can I talk to Bank folks and see, if I can stop payment until this gets resolved?

c. Can Bank take an action against the developer who sold the land to me?

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