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

Mr. Sameer, a resident of a quiet locality in Shantipur, found himself in a distressing situation. His neighbours, the Verma family, began unauthorised construction right next to his property. They started stacking bricks, iron rods, and other building materials in a way that completely blocked access to Mr. Sameer’s balcony. When confronted, they brazenly admitted their intention was to prevent his family from using the balcony, a clear act of targeted harassment. The Vermas possessed no ownership documents or legal permissions for this construction.

This escalating issue followed a disturbing incident a few months prior. Two members of the Verma family had trespassed onto Mr. Sameer’s property, deliberately destroyed his potted plants, and then proceeded to verbally abuse and physically assault him and his elderly father. Shockingly, when Mr. Sameer reported this to the local Residential Welfare Association, he was told that the neighbours were “within their rights” to act in such a manner.

Despite numerous complaints to various authorities, no concrete action was taken, and the harassment only intensified. Mr. Sameer and his family now feel perpetually unsafe and cornered in their own home, prompting them to seek urgent legal guidance to protect their rights and property.

Advice in such cases

• Document Everything: Immediately start gathering evidence. Take clear photographs and videos of the unauthorised construction from multiple angles and at different times of the day. Record any instances of verbal abuse or threats, if it is safe to do so.
• Secure Your Property: Install CCTV cameras if you haven’t already. This can deter further trespassing and provide crucial evidence of any illegal activities.
• File a Police Complaint: Go to the nearest police station and file a formal complaint detailing the trespassing, assault, harassment, and illegal construction. Insist on receiving a copy of the First Information Report (FIR).
• Complain to Municipal Authorities: Lodge a formal written complaint with the local Municipal Corporation or City Development Authority against the illegal construction. Attach your photographic evidence. They are empowered to issue a stop-work notice and order the demolition of the illegal structure.
• Send a Legal Notice: Through a lawyer, send a firm legal notice to the offending neighbours, demanding they cease the harassment and remove the unauthorised construction immediately.
• File a Civil Suit: You can file a suit for a permanent injunction in a civil court to legally restrain your neighbours from carrying out any construction or causing any nuisance. You can also claim damages for the harassment and property damage you have suffered.
• 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

Several provisions under the new Indian laws can be invoked in such a scenario:

• Criminal Trespass: As per Section 328 of the Bharatiya Nyaya Sanhita (BNS), 2023, whoever enters into or upon property in possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, commits criminal trespass.
• Mischief: Damaging your plants and property falls under Section 326 of the BNS, 2023, which penalises acts that cause wrongful loss or damage to the property of another.
• Hurt and Assault: The physical assault can be prosecuted under Sections 115 (Hurt) and 116 (Grievous Hurt) of the BNS, 2023.
• Criminal Intimidation: The verbal abuse and threats constitute criminal intimidation under Section 351 of the BNS, 2023.
• Municipal Corporation Acts: Every state has its own Municipal Corporation Act which contains provisions to deal with and demolish unauthorised constructions.

If you are the complainant

As the person initiating the legal action, you must be proactive and systematic:

• Organise Your Evidence: Keep all your evidence—photos, videos, complaint copies, medical reports (if any), and property documents—in a well-organised file.
• Maintain a Log: Keep a detailed diary of all incidents, including dates, times, what happened, and who was involved. This will be invaluable for your case.
• Follow Up Relentlessly: Regularly follow up with the police and municipal authorities on the status of your complaints. Document these follow-ups.
• Be Prepared for Court: Understand that the legal process can take time. Be patient and cooperate fully with your lawyer.
• 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 direct target of such harassment and violence, your immediate safety is the priority:

• Prioritise Safety: If you feel threatened, do not engage with the aggressors. Ensure your family, especially senior citizens and children, are safe.
• Seek Medical Help: If you or a family member has been physically assaulted, go to a hospital immediately and get a Medico-Legal Certificate (MLC) made. This is crucial evidence.
• Report Immediately: Call the police emergency number during an incident of trespassing or assault. A timely report strengthens your case.
• Gather Witness Support: Speak to other neighbours who may have witnessed the incidents. Their testimony can support your claims.
• 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

Police response can vary. Often, in property-related disputes, the police may be reluctant to intervene, labelling it a “civil matter.” They might suggest you go to court or try to broker a compromise between the parties. However, since your case involves clear criminal acts like trespass, assault, and intimidation, you must insist on the registration of an FIR. If the local police station refuses, you have the right to approach a senior police officer (like the Superintendent of Police) or file a private complaint directly before the Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

FAQs people normally have

• Can I demolish the illegal construction myself?
  

  No. Taking the law into your own hands is illegal and can lead to a case being filed against you. Only the municipal authorities have the power to demolish illegal structures after following due process.

  
  
• What if the police don’t file an FIR?
  

  As mentioned, you can escalate the matter to a senior police official or file a complaint with the jurisdictional Magistrate, who can then direct the police to register an FIR and investigate.

  
  
• Will I have to go to court?
  

  It is highly likely. While complaints to the police and municipality can provide relief, a definitive and permanent solution, such as an injunction, often requires a court order.

  
  

What evidence is required?

Strong evidence is the backbone of your case. You will need:

• Your property ownership documents (sale deed, title papers).
• Photographs and videos of the illegal construction and any property damage.
• CCTV footage of trespassing, assault, or harassment.
• Copies of all complaints filed with the police and municipal corporation.
• The Medico-Legal Certificate (MLC) if there was a physical assault.
• Statements from any eyewitnesses who are willing to testify.
• A copy of the legal notice sent to the neighbours.

How long will the investigation take?

Under the new BNSS, 2023, timelines have been introduced for police investigations. A preliminary inquiry, if required, should be completed within 14 days. The overall investigation timeline varies based on the complexity of the case and the gravity of the offence. However, court proceedings for a civil suit for injunction can be lengthy, often taking several months to years for a final resolution, though interim relief (like a temporary stay on construction) can often be obtained much faster.

Advocate Sudhir Rao, Supreme Court of India