Land dispute u/s 144

4 years ago

My neighbour has filed a case in SDM court under 144 to stop the construction of my house, which is adjacent to his land. He has written that we are doing construction in his land forcibly. But it's not true, we are doing construction in our land limits along with NOC given by local Panchayat which includes permission of all surrounding neighbors including them.

Now there is no order or notice send by the court to us to stop construction.
Local police is telling that section 144 is imposed on this land and we can't construct anything. I checked with multiple lawyers and found that it can be imposed in a field or open area only not on a house. We have our house from last 40 years on that land and we are living continuously since there. We were doing construction in a part where the neighbour is doing all these things and Police has given directives to stop all works on the construction immediately.

I live in West Bengal.

Please clarify me these things-
1) What is the directions of section 144 on land dispute?
2) What we should do to stop these things and start our work without any problem?

I'm an Ex-serviceman and don't understand these legalities. But after this all I can say that still there is no hearing of a simple innocent person in this country. Anyone can blame you and make you trouble through court and Police.

I will highly appreciate a concise and fruitful advice from all of you.

Thank you.
Ravi