Illegal construction on my land
Respected sir My self Prasanta karmakar address 21/H/27 Canal East Road Kolkata-67.We have a land 1 kata 8 chatak on kalyani express way in Birati. Right now we don't know some local body constracted boundaries on my land . I can't found who was that person .so I launched a General Diary on locan police station (Nimta police station , Birati). My question is how to break the boundaries wall. Sir Plz help me.
– In this case first you have to find out who has constructed the said boundary wall on the said property. Thereafter you can institute a declaration suit making the constructor of the boundaries as the defendant. The suit for declaration shall be instituted in the district court of Barasat, North 24 Parganas. If the plaintiff is the sole owner of the said property then he can surely demolish the illegal boundaries as per his wishes.
You can also approach a district magistrate or executive magistrate under section 144 of CrpC for immediate and speedy remedy which may give directions to person to abstain from certain act with respect to any property under his management or possession. This order can also be passed ex parte in case of emergency.
Writ petition can also be filed against the respondent for this particular matter under Article 226 in the Calcutta High Court.