If you are stuck in such a situation, here is what to do.

Mr. Anand’s father acquired a substantial plot of agricultural land in the year 1962 in a village near the city of Prayag. For decades, the family peacefully cultivated and managed the property. However, trouble began around 2021 when a group of local influential individuals, led by a man named Mr. Vikram, started asserting a claim over the land. They claimed their ancestors owned the land until the 1930s before it was sold through a series of transactions that eventually led to Mr. Anand’s family acquiring it. Mr. Vikram’s group began to forcibly occupy portions of the land.

When Mr. Anand and his family approached the local police station in Janakpuri to file a complaint, they were met with hostility. The officer in charge seemed to be siding with the encroachers and allegedly threatened Mr. Anand’s family with consequences if they pursued the matter. The family, lacking the financial resources and political connections to engage in a prolonged court battle, felt helpless. They attempted to escalate the issue by sending formal letters to the District Magistrate and the Chief Judicial Magistrate’s office, but were informed that no action could be taken without a formal petition being filed in court.

The situation has worsened over time. Mr. Anand frequently receives calls from his village contacts informing him that the encroachers are now constructing temporary structures and huts on the land, further solidifying their illegal occupation. Neighbours have advised the family to sell the land quickly, fearing that once permanent structures are built, it would become nearly impossible to have them demolished, even with a court order. Unfortunately, due to the ongoing dispute and illegal occupation, no potential buyer is willing to purchase the property, leaving the family in a distressing limbo.

Advice in such cases

Facing land encroachment, especially when local authorities are uncooperative, can be daunting. However, there is a clear legal path to reclaim your property and hold the perpetrators accountable.

• Gather All Documentation: The first step is to collect every single document related to the property. This includes the original sale deed, mutation records (dakhil kharij), land revenue and tax receipts, and any survey maps. These documents are the foundation of your ownership claim.
• File a Police Complaint: Despite the initial refusal, you must file a formal written complaint (FIR) at the local police station against the encroachers for criminal trespass and mischief. If the station in-charge refuses to register the FIR, you can send the complaint to the Superintendent of Police (SP) by registered post. If there is still no action, you have the right to file a private complaint before the Magistrate under Section 222 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
• Initiate Civil Proceedings: The most effective remedy is to file a civil suit. You should file a suit for a declaration of title (to have the court officially declare you as the rightful owner) and a permanent injunction (to permanently restrain the encroachers from entering or using your land). You can also seek an interim or temporary injunction at the beginning of the suit to prevent any further construction while the case is pending.
• Document the Encroachment: Collect evidence of the illegal occupation. Take clear photographs and videos of the encroachers and any construction they are carrying out. If possible, get statements from neighbours or other villagers who can act as witnesses.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Your legal strategy will involve invoking provisions from both criminal and civil law.

• Bharatiya Nyaya Sanhita (BNS), 2023:
  • Criminal Trespass: The act of unlawfully entering someone else’s property is punishable under the BNS.
  • Mischief: Damaging your property or destroying crops constitutes mischief, which is a criminal offence.
  • Criminal Intimidation: If the encroachers are threatening you or your family, they can be charged with criminal intimidation.
• Civil Procedure Code (CPC), 1908:
  • Suit for Declaration and Injunction: This is the primary civil remedy to establish your ownership and get the encroachers legally removed.
  • Temporary Injunction: Under Order 39 of the CPC, you can request the court to grant immediate relief by stopping any further activity on the land until the case is decided.

If you are the complainant

As the person whose property is being encroached upon, you must be proactive and systematic.

• Organize Your Papers: Create a file with all property documents in chronological order. Make multiple photocopies.
• Draft a Clear Complaint: Write a detailed timeline of events, from the start of the encroachment to the refusal by the police. Name all the individuals involved and describe their specific actions.
• Follow the Hierarchy: If the local police don’t act, do not give up. Immediately escalate the matter to the Superintendent of Police (SP) and other senior police officials. This creates a paper trail and puts pressure on the department.
• Engage a Competent Civil Lawyer: Find a lawyer who specializes in property disputes. Their expertise is crucial for drafting the suit and navigating the court procedures effectively.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

Being a victim of such a crime can be emotionally and financially draining. Your immediate actions are critical.

• Prioritize Safety: Do not engage in any physical confrontation with the encroachers. They may be looking for an opportunity to file a false counter-complaint against you. Your safety and your family’s safety come first.
• Act Swiftly: Delay works in the encroacher’s favour. The longer they occupy the land, the stronger their perceived claim becomes, and the more difficult it is to evict them. Start the legal process immediately.
• Seek Support: Inform trusted friends, relatives, or community elders about the situation. Moral support is important, and they might also serve as future witnesses.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

It is a common experience that police are often hesitant to intervene in property disputes. They frequently label them as “civil matters” and advise the parties to approach the court. This can be due to a variety of reasons, including a genuine misinterpretation of the law, an attempt to avoid complex investigations, or, in unfortunate cases, collusion with the more powerful party. However, it is important to remember that criminal trespass is a cognizable offence, and the police are legally obligated to register an FIR. If they fail in their duty, the law provides you with alternative remedies through the courts and senior police officials.

FAQs people normally have

Can I use force to remove the encroachers myself?
No. Taking the law into your own hands is illegal and can lead to criminal charges being filed against you. You must use the legal process to evict them.

What if the encroachers have fake documents?
This is a common tactic. Your original and legally valid documents, when presented in court, will prove your title. The court will examine the authenticity of all documents, and forging documents is a serious criminal offence.

Will the illegal construction be demolished?
Yes. Once the court passes a decree in your favour, it can order the demolition of any illegal structures built on your property. The court can also order the encroachers to bear the cost of the demolition.

What evidence is required?

Strong evidence is the backbone of a successful property dispute case. You will need:

• Proof of Ownership: Registered Sale Deed, Title Deed, or Gift Deed.
• Revenue Records: Updated land revenue receipts, mutation certificate (dakhil kharij), and entries in the Record of Rights.
• Proof of Possession: Utility bills (if any), photographs of the property before encroachment, or statements from neighbours confirming your possession.
• Evidence of Encroachment: Dated photographs and videos of the illegal occupation and construction.
• Police Complaints: Copies of all complaints filed with the police and any responses received.
• Witnesses: People who can testify in court about your ownership and the act of encroachment.

How long will the investigation take?

The duration of a property dispute case in India can vary significantly. A police investigation, if an FIR is registered, has timelines under the BNSS, but practical delays can occur. The civil suit for declaration and injunction is a more lengthy process. It can take several years for a final judgment, depending on the complexity of the case, the number of witnesses, and the workload of the court. However, obtaining a temporary injunction at the beginning of the suit can provide immediate relief by preventing the other party from carrying out any further activities on the land.

Advocate Sudhir Rao, Supreme Court of India