Illegal Possession & Unauthorised Construction
Encroachment · Deviation · Injunctions

Illegal possession and unauthorised construction: stopping it before it becomes permanent

An encroachment left alone gets stronger with time. A deviation left unchallenged gets built over. In both, the practical remedy is an early injunction, not a complaint filed after the structure is up.

Quick answer

Trespassers and unauthorised occupants are removed through a civil suit for possession, with an interim injunction to stop further construction meanwhile.

Unauthorised construction and deviation from the sanctioned plan are separately actionable before the planning authority.

Getting an unauthorised occupant out

The route depends entirely on how the occupant came in. A trespasser with no claim at all is removed by a suit for recovery of possession. A former tenant holding over is dealt with under the tenancy framework. A relative or co-owner in occupation is a partition question, not a trespass one.

Self-help (changing locks, cutting utilities, physically removing belongings) is the mistake we most often have to undo. It converts a straightforward civil claim into a criminal complaint against the owner.

Unauthorised construction and deviation

Construction without approval, or in deviation from the sanctioned plan, is actionable both by the planning authority and by an affected neighbour whose light, air, access or structural safety is compromised.

Complain to the authority. A written complaint to the CMDA or the local body, with the sanctioned plan and photographs of the deviation.Injunction from the civil court. The only reliable way to stop work while a complaint is processed.Document from the start. Dated photographs, a survey by a licensed surveyor, and records of every complaint made.Act before completion. Remedies remain available after a structure is finished, but demolition orders against completed buildings are far harder to obtain and enforce.
Boundary disputes need a surveyor, not an argument. Where the dispute is about where the line actually falls, a measurement by a licensed surveyor, and where necessary a court-appointed advocate commissioner, settles what no amount of correspondence will.

If you are the one accused

Not every deviation is unauthorised, and not every occupier is a trespasser. Regularisation schemes have applied to certain classes of construction, long possession can create rights, and an oral licence or family arrangement may explain an occupation that looks like trespass on paper.

If you have received a notice, do not ignore it and do not continue building. Both make the eventual position significantly worse.

FAQs

Encroachment and construction: questions

My neighbour is building over the boundary. What do I do first?+

Get the boundary measured by a licensed surveyor and photograph the work with dates. Then move for an injunction: once the structure is complete, your remedy becomes much harder to enforce.

Can I remove a trespasser myself?+

No. Even where you clearly own the property, taking possession by force exposes you to criminal liability and weakens your civil case. Use the court process.

How long does an eviction suit take?+

A straightforward possession suit against a trespasser is faster than most property litigation, but still measured in years rather than months. The interim injunction is what protects your position meanwhile.

More on property & civil matters
Partition of family property→ All civil litigation→ Checking property papers→ Encumbrance certificate→ Patta name transfer→ Property registration→