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PMy wife has ~5cents of land to her name where we decided to build a wall on the borders so that we can do something with it. When we were about to construct a wall on our border, the neighboring land owner(NRI)(20 cents) was claiming we were encroaching on some of his property. So we talked with him and decided to measure both of our land by private surveyors since going through gov.t channels would take more time and effort. The NRI guy was not responding post this conversation, so we moved through taluk office and submitted a request for them to survey our land and confirm that we were constructing the wall as per our deed.
Officers from Taluk office came and surveyed planted survey stone separating both properties, to which the NRI guy claimed we did not do it through proper channels and filed a civil case in court that we were encroaching some of his land. During court hearing, we agreed to have our property surveyed and measured again, post which the court appointed a commissioner to oversee it.
Our land was surveyed in the presence of the commissioner by a third party surveyor who both parties agreed upon and in the subsequent court hearing we came to know that the commissioner did not submit the survey results. When inquired with the commissioner he stated the surveyor did not submit the survey results to him, but he has everything else ready. We approached the surveyor and got him to submit the results to the commissioner. After that we have had 2 court hearings last of which was today, in which the commissioner has snot submitted his report yet. The court is now on leave for 2 months and our case is postponed to June.
The survey happened about 6 months ago, and the surveyor himself was late to submit the report to commissioner by 3 months, post which the commissioner has been delaying submitting his report by 3 months now.
This has been going over for 3 years now, without an end in sight. Can you please advice on what to do about this situation?
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KThe commissioner got bribed to delay the case until the nri can think of a way to prove you’re encroaching
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PI too thought of this probability. We talked to the surveyor after he submitted the report to which he said to us that there is no encroachment and that as per our deed the borders are correct.
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KGet a copy of that survey.
Build your wall.
If the NRI does something your options are1.Police Complaint for Obstruction or Criminal Intimidation
Section 441 & 447 of IPC – For criminal trespass if the person enters or interferes without permission.
Section 503 & 506 of IPC – If they are threatening you or trying to intimidate you.
You can file a complaint at the local police station.
2. Injunction Suit (Civil Court)
You can file a civil suit for injunction under Order 39 Rules 1 and 2 of CPC, asking the court to restrain the person from interfering in your lawful construction.
You can also seek a temporary injunction to continue your construction until the court decides the matter.
3. Declaration Suit
If there’s a boundary dispute, file a suit for declaration of title and possession to legally assert your rights over the property.
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KJust how long the commissioner could delay it, keep filing rti and he’ll do it eventually by getting fed up
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