AI Overview...
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Mandatory Application for Encroachment Detection - Several sources emphasize that submitting a formal application or notice is a mandatory step for identifying and addressing encroachments. For instance, in Rakesh Navnitlal Gandhi VS State of Gujarat - Gujarat, the petitioner submitted an application to the respondent corporation to seek information about redevelopment, highlighting the procedural requirement of formal requests. Similarly, in Atmaram Dasrath Ukey VS State of Maharashtra - Bombay, the court underscored that the allotment of land and subsequent actions must adhere to mandatory rules and procedures, including proper applications and notices before taking action against encroachments.
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Role of Court and Commissioners in Encroachment Cases - Courts often appoint Advocate Commissioners or local officials to ascertain encroachments and physical features of the property (Arulmighu Sri Ramalinga Sowdeswari Amman Temple Omalur Represented by its Trustees P. N. Krishnamoorthy VS P. Mani - Madras, Kasidarmam Panchayat Union represented through its President Kadayanallur Panchayat Union Tenkasi Taluk Tirunelveli District VS Kasidharmam Ayyavazhi Thirukovil represented through its Trustee Chellapandiyan - Madras). This step is crucial for accurate assessment and evidence collection before any legal action. In Balak Ram Thakur VS Devinder Singh Chandel - Himachal Pradesh, the court highlighted the significance of documentary evidence and the appointment of commissioners to establish boundary disputes and encroachments.
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Legal Provisions and Procedural Mandates - Several references cite the importance of following legal procedures under laws like the Civil Procedure Code, Tamil Nadu Land Encroachment Act, and Maharashtra Land Revenue Code. For example, Kasidarmam Panchayat Union represented through its President Kadayanallur Panchayat Union Tenkasi Taluk Tirunelveli District VS Kasidharmam Ayyavazhi Thirukovil represented through its Trustee Chellapandiyan - Madras and Madhukar Sampatrao Patil VS State Of Maharashtra - Bombay reinforce that compliance with procedural requirements (such as filing applications, notices, and following rules) is mandatory before initiating action against encroachers.
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Public Interest and Enforcement - In public interest litigations (Atmaram Dasrath Ukey VS State of Maharashtra - Bombay, Madhukar Sampatrao Patil VS State Of Maharashtra - Bombay), courts have mandated the removal of encroachments through proper legal channels, emphasizing that unauthorized encroachment removal must follow due process to ensure legality and avoid violations of rights.
Analysis and Conclusion:
The collected sources collectively demonstrate that applying for encroachment detection or removal is a mandatory procedural step mandated by law and court rulings. Proper applications, notices, and the appointment of officials or commissioners are essential to establish encroachment, gather evidence, and ensure lawful action. This procedural rigor safeguards the rights of all parties and ensures that enforcement measures are legally valid. Therefore, any effort to know or address encroachment without following the prescribed application process is legally insufficient and potentially invalid.
Search Results for "Commission Application to Know the Encroachment is Mandatory"
2014 0 Supreme(AP) 1539 • India - Andhra Pradesh
B.CHANDRA KUMAR
It is also argued that the defendant as owner of 1994 square yards filed an application for construction of theatre to the competent authorities and he was granted permission, but due to some difficulty he could not construct the theatre. ... He further deposed that he does not know if the above structures were in existence by the date of his purchase. He further admits that the septic tank was built by Durga Kalamandir. ... He further deposed that he does not know when they were put up and again says that such pipes are not existing in t....
2021 0 Supreme(Mad) 2627 • India - Madras
R.MAHADEVAN
Code of Civil Procedure, 1908 - Order 26 Rule 9 r/w Section 151 - Constitution of India, 1950 - Article 227 - Mandatory ... injunction directing defendants to construct compound wall demolished by them at their own costs; and for a mandatory injunction ... After coming to know about the exparte decree, they filed an application seeking appointment of an Advocate Commissioner, which was dismissed by the trial court. ... The respondent herein, in his capacity as a Trustee of the Kasidharmam Ayyavazhi Thirukovil, has instit....
2024 0 Supreme(P&H) 1257 • India - Punjab and Haryana
VIKAS BAHL
mandatory and prohibitory injunctions against the defendant for illegal encroachments and construction on public streets, asserting ... India - Article 227 - Civil Procedure Code - Order 26 Rule 9 - Appointment of Local Commissioner - The trial Court allowed the application ... (Paras 1, 10, 11) ... ... (B) Encroachment and Injunction - The plaintiff sought ... Brief facts of the present case are that the respondent No. 1 had filed a suit with the following prayers: “(A) Suit for Mandatory Injunction....
2019 0 Supreme(Guj) 1087 • India - Gujarat
V.M.PANCHOLI
Collector (Encroachment) of the zone. ... The petitioners came to know about the aspect of redevelopment and, therefore, one of the petitioners submitted an application to the respondent Corporation on 29.01.2018 and requested to supply certain information under different heads. ... The consent of 60% members is mandatory for any quarters/association, if they want to go for redevelopment. The procedure of inviting tender is also provided in the scheme. At this stage, it is contended that the land belongs to the responden....
2020 0 Supreme(Mad) 1527 • India - Madras
P.RAJAMANICKAM
They sought the appointment of an Advocate Commissioner to note down the physical features and encroachment on the property. ... of 2008, I.A.No.790 of 2012, I.A.No.560 of 2013 - The court allowed the appointment of an Advocate Commissioner to note down the encroachment ... Ratio Decidendi: The purpose of appointing the Advocate Commissioner was to measure the property and find any encroachment ... During pendency of the said suit, the petitioners herein had filed an application in I.A.No.423 of 2008 stating that the re....
2019 0 Supreme(Bom) 192 • India - Bombay
R.K.DESHPANDE, VINAY JOSHI
Ratio Decidendi: The decision of allotment of land by the Cabinet is in contravention of the mandatory provisions of Rules ... nominal rent in order to make out the deficit or shortfall of open space, place for public utility and public roads caused due to encroachment ... The petition was filed in public interest to command the respondents to immediately remove the encroachments made on the lands ... This application was rejected on 24-6-2014. When the notice of contempt was issued by this Court on 19-11-2014, the #HL_....
2019 0 Supreme(Mad) 76 • India - Madras
S.M.SUBRAMANIAM
The Tahsildar rejected the application citing Government policy. ... Encroachment - Government Land - Tamil Nadu Land Encroachment Act, 1905, Tamil Nadu Protection of Tanks and removal of Encroachment ... under the Tamil Nadu Land Encroachment Act, 1905 and the Tamil Nadu Protection of Tanks and removal of Encroachment Act, 2007. ... Once the illegality is found, it is duty mandatory on the part of the public servants to ensure that proper actions are initiated agains....
2014 0 Supreme(HP) 172 • India - Himachal Pradesh
DHARAM CHAND CHAUDHARY
encroachment - boundary dispute - High Court Rules and Orders - Chapter 10 of H.P. ... It also highlighted the significance of producing documentary evidence and the application of estoppel. ... The court also held that the plaintiff did not object to the construction by the defendant, leading to the application of estoppel ... The Commission can be appointed either on a joint application or on an application made by either party or suo-motu by the Court to do substantial justice to th....
2024 0 Supreme(All) 2063 • India - Allahabad
MAYANK KUMAR JAIN
1-278) ... ... (D) Specific Relief Act, 1963 - The Court concludes that the plaintiffs' claims for mandatory ... that the cause of action is ongoing and the suits are not barred by limitation, as the plaintiffs only became aware of the alleged encroachment ... Original suits regarding the religious character of the property at Katra Keshav Dev - Plaintiffs claim ownership and seek removal of encroachments ... Whether an application for rejection of plaint should be decided prior to the application for....
2019 0 Supreme(Bom) 1898 • India - Bombay
R.K.DESHPANDE, VINAY JOSHI
and 2(a) - Maharashtra Land Revenue Code, 1966 - Section 40 - Conversion of reservation for residential purpose - Caused due to encroachment ... the land admeasuring 54,437.19 square, and to develop it for purpose for which it is reserved in the layout sanctioned - Civil Applications ... of the land - Petition is filed in public interest to command the respondents to immediately remove the encroachments made on the ... This application was rejected on 24-6-2014. When the notice of contempt was issued by this Court on 19-....
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