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

A family’s dream of building a home has turned into a relentless nightmare due to the actions of land grabbers allegedly supported by local law enforcement. About twelve years ago, Mr. Anand purchased a plot of land in the state of Pradeshgarh. Soon after the purchase, a group of individuals began to falsely claim ownership of the property. This forced Mr. Anand into a protracted legal battle.

After eleven long years of litigation, the justice system affirmed Mr. Anand’s rightful ownership, with favourable judgments from both the District Court and the High Court. With the court’s explicit permission, the family finally began construction on their land. However, their relief was short-lived. A mere twenty days into the construction, the same group of miscreants, led by a man named Rakesh Verma, a retired police officer, returned to the site. They issued violent threats against Mr. Anand and his son, once again asserting their baseless claim over the land.

The family immediately sought help from the local police, expecting protection. To their dismay, the police instructed them to halt construction, citing the need to maintain public order. This inaction has emboldened the criminals, who now frequently patrol the area and send associates to ensure that no construction work resumes. Furthermore, they are attempting to fraudulently sell the plot to unsuspecting buyers.

The situation escalated recently when, following a complaint by Mr. Anand to the Superintendent of Police (SP), the local Station House Officer (SHO) visited the plot. She was accompanied by Rakesh Verma and his associates. In a shocking display of bias, the SHO openly sided with Verma and even threatened to file a case of illegal encroachment against Mr. Anand’s family on their own legally-owned property. The family, residing in Rajdhani Nagar, has been making exhausting trips to Pradeshgarh, causing immense mental and emotional distress. They are fighting to protect their property and recover the hard-earned money invested in it.

Advice in such cases

• Document Everything: Keep a detailed record of every incident, including dates, times, names of individuals involved, and specific threats made. Take photographs and videos of any trespassing or intimidation, if it is safe to do so.
• Preserve Legal Documents: Ensure all property documents, court orders, and judgments are securely stored and easily accessible. These are your primary proof of ownership.
• Approach Higher Police Authorities: If the local police are uncooperative or biased, escalate the matter. File a written complaint with senior officers like the Superintendent of Police (SP), Deputy Inspector General (DIG), or even the Director General of Police (DGP).
• File a Private Complaint: If the police refuse to register an FIR, you can file a private complaint directly before the Magistrate under Section 222 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The court can then direct the police to investigate the matter.
• Seek an Injunction: You can approach the civil court to obtain an injunction order restraining the harassers from entering your property or interfering with your peaceful possession and construction.
• 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

Under the Bharatiya Nyaya Sanhita (BNS), 2023, the actions described may constitute several criminal offenses:

• Section 329 (Criminal Trespass): For unlawfully entering upon the property in your possession with intent to intimidate, insult, or annoy.
• Section 351 (Criminal Intimidation): For threatening injury to person or property to cause alarm.
• Section 347 (Extortion): If they are demanding money or any other valuable to allow you to continue construction.
• Section 318 (Cheating): For fraudulently trying to sell the property that does not belong to them.
• Section 61 (Criminal Conspiracy): If two or more persons are involved in planning and executing these illegal acts.
• If a public servant (like a police officer) is involved, they can be charged under relevant sections for abuse of power and dereliction of duty.

If you are the complainant

• File a Written Complaint: Draft a detailed written complaint addressed to the SHO of the concerned police station. Clearly state all facts, names of the accused, and the sequence of events. Attach copies of your property documents and court orders.
• Get a Receiving Copy: Always take a receiving copy (a stamped and signed acknowledgment) of your complaint from the police station. This is proof that you have officially reported the matter.
• Send Complaint by Post: If the police refuse to accept your complaint in person, send it via Registered Post with Acknowledgment Due (RPAD) to the SHO and higher officials like the SP.
• Follow Up: Persistently follow up on your complaint. If no FIR is registered, file an application under the Right to Information Act (RTI) to know the status of your complaint.
• 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

• Prioritize Safety: Your personal safety and that of your family is paramount. Avoid direct confrontations with the aggressors. If you feel threatened, leave the area and contact the police from a safe location.
• Gather Evidence: Use your mobile phone to discreetly record conversations, threats, or any acts of trespassing. Note down the vehicle numbers of the people harassing you.
• Inform Neighbours: Keep your neighbours informed about the situation. They can act as witnesses if needed.
• 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.
• Seek Court Protection: Your lawyer can help you file for police protection from the High Court if you have a credible threat to your life and property and the local police are not acting.

How the police behave in such cases

In property disputes, especially those involving influential individuals, police behaviour can be varied and often problematic. It is common to see police showing reluctance to register an FIR, often terming the matter a “civil dispute.” They may pressure the rightful owner to “compromise” with the land grabbers. In worst-case scenarios, as seen in this story, they may actively side with the powerful party, misusing their authority to intimidate the victim. This is illegal, and such conduct can be challenged by complaining to their superiors and filing a writ petition in the High Court.

FAQs people normally have

Can the police ask me to stop construction on my own land if I have a court order?
No. The police’s duty is to uphold the court’s order, not to contradict it. Asking you to stop construction in the name of “maintaining peace” is often an excuse to avoid taking action against the aggressors. This is an overreach of their authority.

What if the police file a false case against me?
If the police, in collusion with the other party, file a false FIR against you, you can approach the High Court under Section 500 of the BNSS, 2023, for quashing the false FIR. You can also file a case for malicious prosecution against the police officers and the complainants after you are acquitted.

The other party has political connections. Can I still win?
Yes. The law is on your side. While political connections can create obstacles and delays, a persistent and legally sound approach can overcome these challenges. The judiciary is an independent body, and a well-argued case with strong evidence will be decided on its merits.

What evidence is required?

To build a strong case, you will need:

• Proof of Ownership: Registered sale deed, property tax receipts, and mutation records.
• Court Orders: Certified copies of all judgments and orders from the civil courts confirming your title and possession.
• Evidence of Harassment: Photographs or videos of trespassing, recordings of threatening calls, and written complaints filed with the police.
• Witness Statements: Affidavits or statements from neighbours, construction workers, or anyone who has witnessed the intimidation.
• Communication Records: Copies of all complaints and letters sent to police authorities and their acknowledgments.

How long will the investigation take?

The duration of a police investigation can vary significantly. In straightforward cases with clear evidence, it might be completed within a few months. However, in complex cases or situations where the police are uncooperative, it can be prolonged. If there is an undue delay, your lawyer can file an application in court to direct the police to expedite the investigation and submit a final report.

Advocate Sudhir Rao, Supreme Court of India