Encroachment of property
How to deal
& evict?
Land
encroachment means the unauthorised occupation or construction on other’s land
without permission or legal right.
The owner has to survey
the property and compare the legal boundaries with physical boundaries to
determine the encroachment. If it is found that the property is encroached, you
have to collect evidence such as title deeds, revenue records, patta, FMB
diagram, tax receipts, photographs and testimony of witnesses to support your
case in court.
Next, contact the
encroacher and negotiate with him to evict from your property. if there is no
settlement arrived, initiate action to evict the encroacher from the property by
filing application in the Court of law under Order 39, Rule 1 and 2 of CPC for an
injunction.
An injunction is a
court order which forces the person/s to make an action or refrain from doing
an act. As the name suggests, a permanent injunction is treated as the final
order that ensures that the persons entirely refrain from the encroachment. On
the other hand, a temporary Injunction restricts encroachment but only
till a specific time frame and stops the encroachment temporarily.
If the court deems
the Injunction fit after analysing the situation, it can order an injunction on
the property.