If you are stuck in such a situation, here is what to do.
Mr. Alok Sharma owns a commercial warehouse in the city of Anjanapur, for which he holds clear and undisputed property documents. Several years ago, a number of small, temporary shops were erected on the public land adjacent to his property. These structures were built directly against his warehouse’s external wall, using it for support. Recently, the situation has escalated as these temporary stalls have been reconstructed into permanent brick and cement shops, still leaning on Mr. Sharma’s wall.
This unauthorized construction poses a potential risk to the structural integrity of his building and is a clear case of encroachment on public land. When Mr. Sharma approached the local police, he was met with a discouraging response. The police advised him that the encroachers have little to lose and any action against them could result in serious conflict and potential danger to him and his family.
Concerned for his property and his family’s safety, Mr. Sharma is seeking the most effective and safe legal and administrative path to have these illegal structures removed.
Advice in such cases
Document Everything: Take clear photographs and videos of the illegal structures from various angles. Capture how they are leaning against your wall. If possible, gather any older photos that show the area before the encroachment or when the structures were temporary.
Verify Land Records: Re-confirm the boundaries of your property and the status of the adjacent land (public road, government land, etc.) through the local land revenue or municipal office.
Formal Complaints: Instead of verbal communication, file written complaints with the appropriate authorities. This includes the Municipal Corporation, the local Development Authority, and the District Magistrate. These bodies are primarily responsible for removing encroachments from public land.
Avoid Direct Confrontation: Heed the police’s informal advice about potential conflict. Do not engage in arguments or physical altercations with the shop owners. Let the authorities handle the enforcement.
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
The legal recourse in such cases involves a mix of municipal laws and general property laws. Key legal provisions include:
The relevant State Municipal Corporation Act or Municipality Act: These acts contain specific provisions empowering the Municipal Commissioner to identify and remove encroachments on public streets, footpaths, and government land.
The State Land Revenue Code: This code provides a mechanism for the revenue authorities (like the Tehsildar or District Magistrate) to remove encroachments from government land.
Bharatiya Nyaya Sanhita, 2023 (BNS): While the primary issue is encroachment on public land, if the structures cause damage to your property wall, provisions related to ‘Mischief’ under the BNS could be invoked. Continuous unauthorized use could also be framed as a form of trespass.
Civil Procedure Code, 1908: A civil suit for a mandatory injunction can be filed in court to seek a direction for the removal of the structures, especially if they are causing a nuisance or damage to your private property.
If you are the complainant
Gather Your Documents: Compile a file containing your property’s title deeds, the latest tax receipts, and all the photographic/video evidence you have collected.
Draft a Detailed Complaint: Write a formal complaint addressed to the Municipal Commissioner and/or the District Magistrate. Clearly state the facts, the location of the encroachment, the risk it poses to your property, and that it is on public land. Attach copies of your documents and evidence.
File the Complaint and Get an Acknowledgement: Submit the complaint to the respective offices and ensure you get a stamped and dated acknowledgement receipt. This is crucial for future follow-up.
Follow-up with RTI: If no action is taken within a reasonable period (e.g., 30 days), you can file a Right to Information (RTI) application asking about the action taken on your complaint. This creates a paper trail and puts pressure on the officials to act.
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
If you are the victim of threats or intimidation from the encroachers after you have initiated action, you must act to protect yourself and your family.
Report Threats to the Police: If you are threatened, immediately file a written complaint with the police detailing the incident. This moves the matter from a civil/administrative issue to a criminal one. Insist on an FIR or at least a formal entry in the station diary.
Seek Protective Orders: Your lawyer can file an application in court seeking an injunction to restrain the encroachers from threatening, intimidating, or interfering with you and your family.
Inform Higher Authorities: Write to the Superintendent of Police (SP) and other senior police officials if the local police station is unresponsive to your complaints of threats.
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
The police response described by Mr. Sharma is quite common. Police often view encroachment disputes, especially on public land, as civil or administrative matters falling under the jurisdiction of the Municipal Corporation. They are hesitant to intervene directly unless there is a clear breach of peace or a specific criminal act. Their primary concern is maintaining law and order, and they may perceive that removing poor shopkeepers could create a bigger disturbance. They typically act only when they receive a direct order from a magistrate or a municipal authority to provide police force during an anti-encroachment drive.
FAQs people normally have
What evidence is required?
Proof of Your Ownership: Certified copies of your property’s sale deed, title documents, and mutation records.
Proof of Encroachment: High-quality, dated photographs and videos of the illegal shops. A report from a licensed surveyor clearly demarcating your property line and the encroached public area can be very powerful evidence.
Proof of Complaints: Acknowledged copies of all complaints filed with the Municipal Corporation, police, and other authorities
Proof of Inaction: Copies of any RTI applications filed and the replies received (or not received).
How long will the investigation take?
This is not a typical police investigation. The timeline is driven by administrative and judicial processes. Action by a Municipal Corporation can be swift if the officials are proactive, potentially taking a few weeks to a few months to issue notices and conduct the removal. However, due to procedural delays or external pressures, it can also drag on. If you have to file a writ petition in the High Court or a civil suit in a lower court for relief, the process can take much longer, although the court may grant interim orders to prevent further construction or to address immediate threats.
Advocate Sudhir Rao, Supreme Court of India