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.