Curated By: Business Desk
Last Updated: August 23, 2023, 12:12 IST
Abandoned agricultural lands or unused residential spaces are some of the most vulnerable properties which often fall victim to land encroachment.
Often our neighbours practice illegal activities by constructing their homes in such a way that it creates problems on your land as well.
Land encroachment, the unlawful act of occupying or utilising property without legal rights or permission, has become a pressing issue in India, particularly affecting abandoned agricultural lands and unused residential spaces. This phenomenon often leads to disputes and raises questions about property rights and boundaries. Encroachments not only involve physical occupation but also encompass instances where activities infringe upon neighbouring lands, such as unauthorized construction extensions or encroaching on balconies and roofs. Addressing these concerns necessitates a multifaceted approach that blends negotiation, legal channels, and administrative intervention.
In India, penalties for land encroachment are stipulated under Section 447 of the Indian Penal Code. Encroachments can disrupt harmony and raise property value concerns, compelling individuals to seek resolution. The initial recourse lies in amicable communication with neighbours to seek mutual consent and resolve the matter outside of the legal framework. When this approach falters, legal avenues come into play.
One recourse involves appealing to the Sub Divisional Magistrate (SDM) of the district. SDMs hold Lok Adalats to address land and property disputes. The importance of carrying proper property documents and photographic evidence of encroachment cannot be understated. A convincing presentation before the SDM can initiate an investigation into the matter.
Alternatively, approaching the local municipality office can help. Each construction site has a corresponding map detailing boundaries set by the government or state authorities. When these boundaries are breached, the case qualifies as land encroachment. Presenting this map as evidence both at the local municipality office and the SDM office bolsters the case.
If dissatisfaction persists with these administrative procedures, seeking judicial intervention becomes an option. Initiating legal proceedings by submitting applications to a judge, along with property documents and evidence of encroachment, can escalate the matter. Court intervention can not only help resolve the issue but also establish legal precedents for addressing future encroachments.
