Response

In order to recover your land after removal of encroachment you will have to file a law suit for possession in the civil court. Your remedy lies only before a court of law. In addition to a case for possession.File a criminal complaint for trespass against landlord.

-The same law applies upon encroachment as that of trespassing on private land. Trespass is an offence under the Section 442 of the Indian Penal Code as well as the Law of Torts.
-Trespass is of three kinds Ð of person (when the rightful owner is restricted from doing what he could previously do), of chattel (when a person disturbs the rightful owner by using the movable property of the owner) and of property or land.
-The judiciary may decide to pass an order of injunction to either stop or restrain the encroacher. This could be temporary or permanent.
-The Court may also ask the encroacher to give the damages or in other words compensation for the encroachment. This is calculated on the present value of the land and estimating the proportion of loss caused.
-If you see an encroachment and want to proceed the legal way, you should approach the court for an order of injunction as per Order 39 (rules 1, 2 and 3) and claim the damages.

Reference: The same law applies upon encroachment as that of trespassing on private land. Trespass is an offence under the Section 442 of the Indian Penal Code as well as the Law of Torts.If you see an encroachment and want to proceed the legal way, you should approach the court for an order of injunction as per Order 39 (rules 1, 2 and 3) and claim the damages.

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LAWAYZ-2023-857