90,000+ Legal Questions Answered
Durast and hudbust
1 year ago
Sir. Our land is encroched by others but we have not done durast earlier and now we applied for durast and hudbust.. Can we reclaim our encroached land
A.Section 441 of the Indian Penal Code (IPC), 1860 is applied to land and property encroachment. According to section 441, encroachment occurs when somebody tries to enter illegally into someone else's property. This is done to commit an offence, threaten a person for possession of the property and stay there. On land encroachment, the penalty is provided under section 447 of IPC. If a person is found guilty, they will pay a Rs 550 fine and imprisonment for up to three months. In the following manner, law treats the encroachment:-
Section 441 is also applicable on trespassing on private land, and it is an offence under section 442.Â
The judiciary can either stop encroaching or restrain them.Â
The judiciary can also ask to pay compensation for encroachment as per the law. Compensation is calculated based on present land value, and loss caused.Â
To claim the damages, move the court as per Order 39 (rules 1, 2 and 3)
Further, A property owner should know how to tackle the land encroachment case legally if such a situation arises. Indian law allows property owners to defend their property against an encroacher. Let's understand the legal ways available which can be used to handle encroachment cases:
Permanent or temporary injunction- An injunction is a legal term used for an official order from a court. In the land encroachment case, the permanent injunction is an order where the court forbids encroachers to use the property entirely. At the same time, a temporary injunction is when the court refrains encroachers to use the property for some time.
A property owner can file a case against encroachers against order 39, Rule 1 and 2.
After this, the application will be examined, and then a reply has to be filed. Based on the response, the court rejects/ accepts the application.
Ex-parte injunction- The justice system of India passes an ex-parte injunction if only one party replies. In this case, the court does not wait for the other party's response.
Section 441 is also applicable on trespassing on private land, and it is an offence under section 442.Â
The judiciary can either stop encroaching or restrain them.Â
The judiciary can also ask to pay compensation for encroachment as per the law. Compensation is calculated based on present land value, and loss caused.Â
To claim the damages, move the court as per Order 39 (rules 1, 2 and 3)
Further, A property owner should know how to tackle the land encroachment case legally if such a situation arises. Indian law allows property owners to defend their property against an encroacher. Let's understand the legal ways available which can be used to handle encroachment cases:
Permanent or temporary injunction- An injunction is a legal term used for an official order from a court. In the land encroachment case, the permanent injunction is an order where the court forbids encroachers to use the property entirely. At the same time, a temporary injunction is when the court refrains encroachers to use the property for some time.
A property owner can file a case against encroachers against order 39, Rule 1 and 2.
After this, the application will be examined, and then a reply has to be filed. Based on the response, the court rejects/ accepts the application.
Ex-parte injunction- The justice system of India passes an ex-parte injunction if only one party replies. In this case, the court does not wait for the other party's response.
Helpful
Helpful
Share
Read Related Answers
Disciplinary process for officer rank employee and a management staff.
Dear Client,
Holding a managerial position in the company, you have to pursue your grievance in respect of fairness or unfairness of disciplinary proceedings that ended up imposing harsh punishment be...
Repairing require for 4 storage Building
Dear Sir,
Every major repair to any building requires permission from local authority like KMC etc.
Disciplinary process for management staff
Dear Sir,
The charge officer to protect himself taking the signature of charge sheeted person on the order sheet, otherwise the charge sheeted person may question tomorrow that he does not know the co...
Disciplinary process
Dear Client,
An Enquiry Officer(EO) can seek clarification of any law point from the legal cell of the company or the panel lawyers of the company if it is required to respond to a query of a charge-s...
Cheating case
Dear Client,
In the absence of any documentary evidence, neither can you lodge a complaint against your mother's friend with the Police, nor can you file a criminal suit for cheating on jewelry in Cou...
Read Blogs on Civil
Civil Lawyers
Find Lawyers by Location
