Property Low: No one can steal or snatch land and house but there is a fear of illegal occupation. In such a situation, if there is encroachment on the land, you can take both the land and compensation with the help of the court. For this, you just have to file a complaint under a law.
Property Knowledge: Real estate is considered the safest investment because it cannot be stolen like money or jewellery. But, there is always a danger of land and house and that is encroachment. Especially when you have either given your house or vacant land on rent to someone or have not paid attention to it after buying it. Many people encroach on vacant land and make temporary constructions. Disputes related to land and house encroachment keep coming up every day across the country. People reach police stations and courts regarding these disputes related to these lands.
The legal solution to such disputes can be long, so it is better that we do not let such a situation arise that we have to go to the court. In India, encroachment or illegal occupation is considered a crime. There are legal provisions for this as well. In such a situation, it is important to know about the legal ways to deal with land encroachment.
What is land encroachment?
Land encroachment means that a person illegally occupies or usurps someone else’s land and property. Usually, a person makes temporary construction on the land to encroach upon the land.
Land encroachment is considered a crime in India. Section 441 of the Indian Penal Code (IPC) applies to cases related to encroachment on land and property. If a person occupies land or house with wrongful intention and intent, then he is fined under section 447 and gets a punishment of 3 months of rigorous imprisonment.
What to do in case of illegal occupation of property
-If someone has illegally occupied your land or property, then first of all complain about it to the concerned authorities.
-The owner of the land can file a case against the encroachers. After filing a petition in the court, the court can stop the encroachment and also order the payment of compensation.
-In case of land encroachment, the court decides the amount of compensation on the basis of the price of the land. If your property is damaged during illegal occupation, then the complainant can claim compensation under Rule 1, 2 and 3 of Order 39.
The problem of land encroachment can also be resolved by mutual consent. These include options like mediation, division of land, selling property and renting it out.
