Legal Action against Encroachment

Dear attorney, I have a shop which is rented by me, there are encroachments done by my landlord right in front of my shop, which clearly obstructs the view of my shop and hardly visible from the road. What rights do I possess and what action might be taken? Thank yo.

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The encroachment done in front of youe shop is illegal as it is done in the compulsory open space of the buolding.You can lodge a complaint with tbe Municopal Corporarion or the local authority and get the encroachment removed.

Answered on December 15, 2016.
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Every occupant of a property has the Right to Easement. Such would comprise of right to light, way etc. The owner or occupier has the right to enjoyment without any disturbance as mandated by the Indian Easements Act, 1882[1]. Here, in the present situation, you must establish a reasonable interference upon the right, often causing nuisance. Therefore, you have the right to move to the court to obtain the order of injunction and claim for the damages. You can also file a suit for disturbance of easement under Section 33 of the Indian Easements Act, 1882. The suit can be filed for compensation, but it is necessary to establish that the disturbance has caused substantial damage.


[1] Section 32. Right to enjoyment without disturbance.

Answered on January 18, 2017.
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