One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.Y owned a residential unit on the first floor of an apartment building in Area A. The building was constructed by XYZ Construction Company, whose owner’s son Mr.X resided in the ground floor unit. Mr.Y had been allocated a designated parking space as per the building’s approved plan and sale agreement.

The dispute arose when Mr.X decided to extend his ground floor flat by constructing an additional balcony. However, this extension was being built directly over Mr.Y’s allocated parking space, effectively rendering it unusable. The construction was proceeding without proper approvals from the housing society or municipal authorities.

Mr.Y discovered that this unauthorized extension violated building bylaws and encroached upon his legally allocated parking rights. The situation created both legal and practical problems, as Mr.Y could no longer use his parking space and the property’s overall compliance was being compromised. This type of encroachment is unfortunately common in urban areas where space constraints lead to unauthorized constructions.

Advice in Such Cases

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 to 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.

Immediately document the encroachment with photographs and videos showing the construction’s impact on your parking space. Gather all property documents including sale deed, parking allocation papers, and building approvals. Send a legal notice to the encroaching party demanding immediate cessation of construction. Contact municipal authorities to report the unauthorized construction and file a complaint about building code violations.

Applicable Sections of Law

This case falls under multiple legal provisions of BNS and BNSS. Section 329 of BNS covers criminal trespass when someone unlawfully occupies property belonging to another. Section 331 addresses house-trespass and unlawful entry into someone’s property rights. Under BNSS Section 173, police can investigate property disputes involving criminal elements. Section 179 of BNSS allows for search and seizure of documents related to property encroachment. Additionally, civil remedies under property law and municipal bylaws apply for unauthorized constructions violating approved building plans.

If You Are the Complainant

• File an immediate complaint with local police under relevant BNS sections for criminal trespass
• Submit a complaint to municipal authorities regarding unauthorized construction violating building codes
• Send a legal notice demanding immediate halt to construction and restoration of parking space
• File a civil suit seeking injunction against further construction and damages for property rights violation
• Maintain detailed documentation of the encroachment including photographs, videos, and witness statements

If You Are the Victim

• Immediately cease any construction activity that encroaches on neighboring property rights
• Consult with a property lawyer to understand your legal position and potential liabilities
• Review all building approvals and ensure construction complies with sanctioned plans
• Consider mediation or settlement discussions to resolve the dispute amicably
• Be prepared to modify construction plans to avoid encroachment if legally required

How the Police Behave in Such Cases

Police typically treat property encroachment as a civil matter initially, often directing parties to approach civil courts. However, when criminal elements like trespass are involved, they may register an FIR under relevant BNS sections. Police investigation usually involves site inspection, recording statements from both parties, and examining property documents. They may attempt mediation before formal legal proceedings, especially in residential disputes between neighbors.

FAQs People Normally Have

Can I stop ongoing construction on my neighbor’s property? Yes, if it encroaches on your property rights, you can seek legal injunction and file police complaint.

What if the builder claims construction is within his property? Property boundaries must be verified through survey and legal documents; disputed boundaries require court determination.

How long does property dispute resolution take? Civil cases may take 2-5 years, but interim injunctions can provide immediate relief within weeks.

Can municipal authorities stop unauthorized construction? Yes, they have power to issue stop-work orders and demolish unauthorized constructions.

What Evidence Is Required?

• Sale deed and registration documents proving ownership of property and parking rights
• Building approved plans showing original parking space allocation
• Photographs and videos documenting the encroachment and construction progress
• Survey reports establishing exact property boundaries and encroachment extent
• Municipal permissions or lack thereof for the construction extension
• Witness statements from neighbors or society members regarding the encroachment
• Communication records including notices sent to the encroaching party

How Long Will the Investigation Take?

Property encroachment investigations typically take 3-6 months for police inquiry completion. Civil court proceedings for injunction may provide interim relief within 2-4 weeks of filing. Municipal authority investigations usually conclude within 1-2 months, potentially leading to stop-work orders. Complete case resolution through courts may extend 2-5 years, but immediate protective measures can be obtained much faster through proper legal channels.

Advocate Sudhir Rao, Supreme Court of India