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

Mr. Alok Verma found himself in a distressing situation. He owns a plot in the Surya Cooperative Housing Society in the city of Chandrapur, which he purchased back in 2011. The society has a history of property disputes, often involving duplicate sales of the same plot. To solidify his claim, Mr. Verma has been diligently declaring this plot in his property tax returns for over a decade. Recently, a court-mandated election for the society’s managing committee was held. The official voter list, which allocated one vote per plot to the rightful owner, listed only Mr. Verma’s name for his specific plot, reinforcing his ownership claim. After casting his vote, he visited his property only to discover a newly constructed boundary wall and a locked gate, effectively blocking his access. It appeared that an unknown family had carried out this construction, even taking photographs with a newspaper to seemingly document their claim. Acting on initial advice, Mr. Verma filed a complaint at the nearest police station and posted a notice on the new wall with his contact details. He possesses an ownership card from the society, the official voter list, documents submitted to the Assistant Registrar’s office confirming his ownership, and a decade’s worth of property return filings. He also has the support of several neighbours willing to testify on his behalf. The core issue is dealing with this sudden and illegal encroachment and determining the correct legal path forward, especially considering the temptation to forcibly remove the illegal construction.

Advice in such cases

If you find yourself in a similar situation to Mr. Verma, it is crucial to act strategically and within the bounds of the law. Taking matters into your own hands can weaken your legal position.

• Do Not Use Force: The most important piece of advice is to not attempt to demolish the illegal construction or forcibly retake possession. This can lead to criminal charges of assault, trespass, or mischief against you, complicating your case.
• Gather All Documentation: Compile every single document related to the property. This includes the title deed, sale agreement, society share certificate/ownership card, mutation records, latest property tax receipts, and any utility bills in your name.
• Document the Encroachment: Take clear photographs and videos of the illegal wall, gate, or any other construction from various angles. If possible, include a newspaper with a visible date in the photos to establish a timeline.
• File a Police Complaint: Immediately file a written complaint at the local police station detailing the incident of criminal trespass and mischief. Insist on receiving a copy of the First Information Report (FIR) or at least a receipt for your complaint.
• Seek a Civil Remedy: The primary recourse for such disputes is through the civil courts. You must file a suit for a permanent injunction to restrain the encroachers from any further activity on your property and a suit for possession to reclaim your land.
• **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

Property disputes involve both civil and criminal laws. Understanding the relevant sections is key to building a strong case.

• Bharatiya Nyaya Sanhita, 2023 (BNS): This is the new penal code. Section 328 of the BNS deals with criminal trespass. If the encroacher enters the property with the intent to commit an offence or to intimidate, insult, or annoy the person in possession, it constitutes a criminal act. Building a wall can also be classified as ‘mischief’ under the BNS.
• Specific Relief Act, 1963: This civil law is crucial. You can file a suit for a declaration of title and recovery of possession under this Act. More importantly, you can seek an immediate temporary injunction to prevent the other party from continuing construction or transferring the property to someone else while the case is ongoing.
• Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): This is the new procedural code. Section 163 of the BNSS empowers the Executive Magistrate to intervene in disputes concerning land or water that are likely to cause a breach of peace and to issue orders to prevent such a breach.

If you are the complainant

As the rightful owner and complainant, you must be proactive and systematic in your approach.

• Immediate Police Action: Go to the police station with a written, typed complaint and all your ownership documents. Clearly state the facts and request the registration of an FIR under Section 328 (Criminal Trespass) and other relevant sections of the BNS.
• File a Civil Suit Immediately: Do not wait for the police to act. Engage a lawyer and file a comprehensive civil suit. The primary prayers in your suit should be for a declaration of your title, recovery of possession, and a permanent injunction against the encroachers.
• Application for Temporary Injunction: Along with the main suit, file an urgent application for a temporary injunction. This is a court order that will restrain the encroachers from carrying out any further activities on the plot until the court decides the case. This is your most effective immediate remedy.
• **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

Discovering that your property has been encroached upon is shocking. As the victim, your immediate steps can significantly impact the outcome.

• Stay Calm and Do Not Confront: Avoid any direct physical or verbal confrontation with the encroachers. This can escalate the situation and lead to false allegations against you.
• Secure Your Evidence: Before taking any other step, gather all your proof of ownership. Make multiple copies. Document the encroachment with dated photos and videos.
• Inform the Authorities: Your first official action should be a complaint to the police. This creates a formal record of the crime.
• Inform the Society/Municipal Body: Write a formal letter to the cooperative society’s managing committee and the local municipal authority, informing them of the illegal construction and encroachment on your plot.
• **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 common for the police to be hesitant to intervene in property matters, often dismissing them as “civil disputes” and advising the parties to approach the court. They may be reluctant to file an FIR for criminal trespass. However, you must insist that the act of forcefully entering and constructing a wall is a clear criminal offence under the BNS. Provide them with a copy of your complaint and demand a receipt. If they refuse to register an FIR, you can send the complaint to a higher-ranking officer, like the Superintendent of Police, or file a private complaint before the Magistrate under the BNSS.

FAQs people normally have

Can I just break the wall and reclaim my plot?
No. This is strongly discouraged. Even if you are the rightful owner, taking the law into your own hands can result in criminal charges against you. The encroacher can file a complaint of mischief, assault, or trespass against you. Always proceed through legal channels.

Is a police complaint sufficient to get my land back?
A police complaint is a necessary first step to initiate criminal proceedings, but it is usually not sufficient on its own to restore possession. The police role is to investigate the crime. The restoration of property is primarily a civil remedy that must be sought from a civil court.

What if the encroacher has some fake documents?
This is a common tactic. Your lawyer will challenge the validity of their documents in court. This is why your own clear and authentic chain of documents (title deed, tax receipts, etc.) is paramount. The court will examine the evidence from both sides to determine the rightful owner.

What evidence is required?

A strong case is built on strong evidence. The more comprehensive your documentation, the better your chances of success.

• Primary Title Documents: The registered Sale Deed or Conveyance Deed is the most important document.
• Society Records: The share certificate or ownership card issued by the cooperative society.
• Government Records: Mutation entries in municipal or land revenue records, and documents from the Registrar’s office.
• Tax Receipts: Proof of consistent payment of property taxes.
• Photographic and Video Evidence: Dated photos and videos of the plot before and after the encroachment.
• Witnesses: Statements from neighbours or other society members who can vouch for your possession and testify about the encroachment.
• Survey Map: A certified map of the land from the survey department can clearly demarcate your property boundaries.

How long will the investigation take?

The timeline can vary. A police investigation under the BNSS has prescribed timelines for completion, but these can sometimes be extended. The real variable is the civil case. A suit for possession can take several years to be fully resolved. However, the most critical part, obtaining a temporary injunction, can happen relatively quickly—often within a few weeks or months of filing the case. This injunction provides immediate relief by stopping any further illegal activity on your land while the court examines the case in detail.

Advocate Sudhir Rao, Supreme Court of India