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Your rights

What can I do if someone encroaches on my land?

Short answer

File police complaint for criminal trespass (BNS 329). File civil suit for possession and injunction. Approach revenue authorities for government land encroachment.

Understanding the issue

If someone encroaches on your property, you have multiple legal remedies. First, file a police complaint under BNS Section 329 for criminal trespass. Second, file a civil suit for recovery of possession under the Specific Relief Act Section 6, which allows you to recover possession if dispossessed within 6 months. Third, file for permanent injunction to prevent further encroachment. Fourth, approach revenue authorities (Tehsildar/Collector) if government land is encroached. Collect evidence including property documents, survey records, photographs, and witness statements. Act quickly as delay weakens your case. You may also seek damages for any loss caused by the encroachment.

Laws that apply

  • BNS Section 329 — Criminal trespass
  • Specific Relief Act — Section 6 (Suit by person dispossessed)
  • Code of Civil Procedure — Suit for possession