Someone obstructing construction
4 months ago
Approximately 1.5 years ago, I purchased 5 satak of land. Recently, I commenced construction on this land. However, after a few days of starting the construction, an individual approached me, claiming to be the owner of the land, and demanded that I stop the construction. He also filed a 144 case in the executive magistrate court, falsely alleging that I had forcefully taken possession of his land.
The executive magistrate passed an order in my favor, restraining this person from interfering with the disputed land. Despite this, the individual continues to obstruct my construction efforts. I have lodged multiple complaints with the police and have also submitted complaints to the Sub-Divisional Officer (SDO) and Sub-Divisional Police Officer (SDPO), but no action has been taken against this person.
Recently, this individual has filed a partition suit case against me, even though there is no stay order in place. Nonetheless, he continues to obstruct my construction activities.
I am seeking your guidance on how to proceed in this situation. What legal steps can I take to ensure my construction continues without further interference?
Thank you for your assistance. (Malda, West Bengal)
In the given scenario, you have to file a civil suit against the person before the jurisdictional Civil Court seeking a permanent injunction or a prohibitory injunction under Section 37(2) read with Section 38 of the Specific Relief Act, 1963 to continue your construction. Apart from this, you can file a private complaint against the person in the court of the Magistrate under Section 223 of BNSS which outlines the procedure for a Magistrate to take cognizance of an offence. Upon receiving a complaint, the magistrate must examine the complainant and any witnesses present. This examination is conducted under oath, and the substance of the examination is documented and signed by the complainant, witnesses, and the magistrate. If the magistrate finds sufficient grounds for proceeding with the case, they will issue a summons or warrant to the accused under Section 227 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023. If required take the service of an experienced criminal lawyer to navigate the issue in the right way.
Vidhikarya
In your case to ensure uninterrupted progress on your construction, begin by filing a civil suit for a permanent injunction in the civil court to prevent the individual from interfering with your land. With the executive magistrate having already ruled in your favor, this suit will reinforce your legal right to peaceful possession and construction. Should the individual defy the magistrate's order, file a contempt petition in the relevant court to enforce the order and penalize the individual for non-compliance. Given the persistent obstruction, request the court to instruct the police to provide protection during your construction. Address the partition suit filed against you by presenting all pertinent evidence, including your sale deed and the magistrate's order, to affirm your legitimate ownership and possession of the land. You can also seek specific performance under the Specific Relief Act, 1963, to further secure your right to possess the land and continue construction. Since local authorities have not responded to your complaints, escalate the matter to higher authorities such as the District Magistrate or Commissioner of Police, providing all necessary documents and orders. To strengthen your position further, send a legal notice to the individual through your lawyer, warning of legal repercussions for continued interference. Keep detailed records of all interactions and complaints, as this documentation will be vital in court proceedings. Hope our prompt support in this matter would be greatly appreciated.
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