Encroachment Complaint Guide India — Municipal + Police (2026)

A senior citizen in Bangalore returns from holiday to find his neighbour has extended a wall 4 feet into his side-set-back, blocking the rear gate of his property and turning the shared driveway into a parking spot. In 2026, encroachment — by neighbours, builders, vendors, illegal squatters, or even rogue municipal contractors — is one of the most disputed civic issues in urban India. This page is the operational complaint + recovery playbook — what counts as encroachment, how to escalate to municipal corporation + police + civil court, and the precise RTI / FIR / injunction pathway to enforce removal.

Citizen Crisis Response Network — first 30-day encroachment checklist
Photograph the encroachment + Google Maps location pin → file written complaint with municipal corporation's Encroachment / Town-Planning department → simultaneously file FIR under BNSS §322 (criminal trespass) + §62 (criminal conspiracy) → file civil injunction before Civil Judge under CPC Order 39 Rule 1 (interim ex-parte order possible in 24 hours) → RTI to land-records office for survey extracts → engage state Tahsildar / Revenue Inspector for land-revenue cases → escalate to High Court Article 226 for systemic non-action.

To remove an encroachment in India: (1) immediately photograph the encroachment with Google Maps location pin + landmark; (2) file a written complaint with the municipal corporation's Encroachment / Town Planning department (BBMP for Bangalore, MCGM for Mumbai, MCD for Delhi, GHMC for Hyderabad) — they have statutory power under municipal acts to demolish encroachments after 7 days notice; (3) simultaneously file an FIR at the local police station under BNSS §322 (criminal trespass) + §62 (criminal conspiracy); (4) file a civil injunction suit before the Civil Judge — interim ex-parte order can be obtained within 24 hours under CPC Order 39 Rule 1; (5) for land-revenue properties, escalate to Tahsildar / Revenue Inspector; (6) for systemic non-action, file High Court Article 226 writ.

• What counts as encroachment
• Documenting the encroachment
• Municipal complaint pathway
• Civil injunction — your fastest court remedy
• Police FIR — criminal route
• Land records + survey extracts
• Specific scenarios — neighbour, vendor, builder
• Sample municipal complaint + injunction petition
• Filing an RTI to land records / municipal
• FAQ
• Myth vs reality

• Building / wall / structure extending beyond own boundary onto another's land.
• Permanent occupation of public land (footpath, road, drain, park).
• Permanent occupation of common-area or amenity space.
• Blocking access (driveway, gate, common path).
• Constructing without sanctioned plan beyond setback distances.
• Vendor / hawker permanent stall on footpath without licence.
• Builder / developer projects extending beyond approved plan.
• Illegal squatter occupation without legal title.
• Illegal religious structure on public land.
• Industrial / commercial use of land beyond zoning.

Warning — Some “encroachments” are temporary occupation under licence (vendors with valid licence, contractors with permission). Verify before action.

• Multiple angles, including landmark visibility.
• Date / time / location metadata.
• Encroachment dimensions (use measuring tape).
• Witness signatures on the photographs.

• Pre-encroachment photographs (Google Street View, family albums, satellite imagery via Google Earth).
• Pre-encroachment survey records.
• Witnesses who can testify to original boundary.

• Hire a licensed surveyor (₹3,000-₹15,000 depending on city).
• Obtain survey extract from sub-registrar / revenue office.
• Compare actual boundary vs. surveyed boundary.

• 2-3 neighbours who saw the encroachment build.
• Watchman / security personnel as witnesses.

• Original sale deed / conveyance deed.
• Property tax records showing your boundary.
• Approved sanctioned plan from municipal corporation.
• RTC / Khata / Patta records for revenue properties.

City-specific portals:

• Bangalore — BBMP at bbmp.gov.in → Sahaaya
• Mumbai — MCGM at mcgm.gov.in → MCGM Citizen App
• Delhi — MCD at mcdonline.nic.in
• Hyderabad — GHMC at ghmc.gov.in → GHMC My City
• Chennai — Greater Chennai Corporation
• Pune — PMC

• Letter on official format.
• Speed Post AD + email.
• 30-day acknowledgement + response timeline.

Upon investigation, the municipal corporation issues a Notice under §263 (Maharashtra) / §332 (Karnataka) / equivalent state municipal act. The encroacher gets 7-15 days to remove. If unremoved, demolition is carried out at encroacher's cost.

Demolition by municipal staff. Costs recovered from encroacher's property tax, building tax, or attached movable property.

Encroacher can appeal before Town Planning Tribunal / state appellate authority within 30 days.

Petition before Civil Judge (Sr. Division) under CPC Order 39 Rule 1:

• Plaintiff: you, the legal owner.
• Defendant: encroacher.
• Prayer: injunction restraining further construction + mandatory direction to remove existing encroachment + damages.

Within 24 hours, plaintiff can move for interim ex-parte injunction. Court grants if:

• Prima facie case.
• Irreparable harm.
• Balance of convenience.
• Bona fides.

Final hearing: 6-12 months. Final order: removal + damages + costs.

Defendant can appeal to High Court within 30 days of final order.

Encroachment + criminal trespass + violation of property rights:

• BNSS §322 — criminal trespass.
• BNS §62 — criminal conspiracy.
• BNS §299 — assault if encroacher resisted.
• BNS §351 — criminal intimidation if threats made.

Filing: at home police station with photos + sale deed + survey extract.

Use BNSS §175 to compel registration. File before Magistrate Court for direction to police.

Both routes can run simultaneously.

Each state's land records portal:

• Karnataka — landrecords.karnataka.gov.in (Bhoomi)
• Maharashtra — mahabhulekh.maharashtra.gov.in
• TN — eservices.tn.gov.in (Patta Citta)
• AP — meebhoomi.ap.gov.in
• UP — upbhulekh.gov.in

Apply at local Tahsildar / sub-registrar office. Cost ₹50-₹200. Time 7-15 days.

For historical changes, file RTI to land-records office.

• Photograph + boundary verification.
• Verbal then written demand for removal.
• Police mediation.
• Civil injunction.
• FIR if construction continues during litigation.

• Verify hawker licence with municipal corporation.
• If unlicensed, file complaint + photograph evidence.
• Municipal corporation's Sastra unit removes.

• Match builder's construction with sanctioned plan.
• Municipal corporation's Town Planning unit issues stop-work + demolition.
• RERA complaint if RERA-registered.
• Civil suit for injunction + damages.

• Most sensitive category.
• Civil court directs municipal action.
• Religious authority can be made party.

• Tahsildar / Revenue Inspector with state revenue powers.
• Municipal corporation Encroachment Cell.
• PIL before High Court for systemic encroachment.

[Complainant's letterhead]
By Speed Post AD + email
DD-MM-2026

To,
The Commissioner / Encroachment Cell
[Municipal Corporation Name]

Sub: Complaint of unauthorised encroachment

I, [Name], owner of property at [Address] (Plot /
Survey No. _______, Khata _______), submit:

1. The property at [Adjacent Address] has constructed
   an unauthorised wall + structure extending 4 feet
   into my western boundary, between DD-MM-2026 and
   DD-MM-2026.

2. The encroachment violates:
   (a) the encroacher's sanctioned plan + setback
       requirements;
   (b) my registered ownership rights;
   (c) §263 (Maharashtra Municipal Corporation Act).

3. The encroachment has blocked my rear gate.

I request:
  (a) Immediate field verification + survey extract
      overlay;
  (b) Issue notice under §263 to the encroacher for
      7-day removal;
  (c) If unremoved, demolition + cost recovery;
  (d) Initiation of action against the encroacher's
      property tax + building tax records.

I have separately filed FIR no. _______ under BNSS §322.

Yours sincerely,
[Name, address, contact]

IN THE COURT OF THE CIVIL JUDGE (SR. DIVISION)
        [District]

OS No. _________ of 2026

[Owner Name]                                ... Plaintiff
        [Address]

vs.

[Encroacher Name]                          ... Defendant
        [Address]

PETITION UNDER CPC ORDER 39 RULES 1 AND 2 FOR
INTERIM AND PERMANENT INJUNCTION

The plaintiff respectfully submits as under:

[Pleadings — facts, prayer for ex-parte interim
injunction restraining further construction +
mandatory direction to remove existing encroachment.]

Documents annexed:
  Annexure A — Sale deed
  Annexure B — Survey extract
  Annexure C — Photographs
  Annexure D — Google Maps location pin
  Annexure E — Witness affidavits
  Annexure F — Notice to defendant
  Annexure G — Sanctioned plan

Verification: [Standard]

PIO, [Municipal Corporation / Tahsildar / Sub-Registrar]

Sub: Application under §6(1) RTI Act 2005

Please furnish in respect of property at [Address]:

1. Latest mutation / RTC / Patta extract.
2. Sanctioned building plan.
3. Property tax records for the last 5 years.
4. Any complaints of encroachment / unauthorised
   construction registered in the last 24 months.
5. Action taken on each, with reference numbers.
6. Any pending notices under municipal act.
7. The concerned Town Planning Officer / Encroachment
   Cell inspector.

A reply is requested under §7(1) within 30 days.

[Name, address, contact]
DD-MM-2026

Olga Tellis v. Bombay Municipal Corporation (1985) 3 SCC 545. Sushil Kumar v. State of Haryana (2018) Supreme Court — encroachment on public land cannot be regularised. Ahmedabad Municipal Corporation v. Nawab Khan Gulab Khan (1997) 11 SCC 121.

• State municipal corporation portals
• Tahsildar / Revenue Inspector offices
• Sub-Registrar / Land Records portals
• State RERA portals
• NCRP — cybercrime.gov.in · 1930
• BNS 2024 — §62, §299, §351
• BNSS 2024 — §322, §175
• CPC 1908 — Order 39 Rule 1
• State Municipal Corporation Acts
• Transfer of Property Act 1882 — §54

Useful RTI Wiki tools:

• AI RTI Drafter
• PIO Reply Checker
• Illegal construction complaint guide
• Society maintenance harassment
• RTI Act 2005 — complete guide

Boundary walls on the line are typically permitted with both owners' consent. Without consent + survey verification = encroachment.

Adverse possession under Limitation Act 1963 may apply after 12 years for private land or 30 years for government land. But continuous demand + protest interrupts the limitation period.

No — would amount to taking the law into your own hands. Municipal / civil court route is the legal path.

RTI to corporation for action-taken status. Then High Court Article 226 writ for direction.

Yes — for systemic encroachment. PIL before High Court can compel municipal action.

Builder encroachment is also a RERA matter if RERA-registered. RERA can issue stop-work + demolition order.

₹15,000-₹50,000 for filing + initial hearings.

Yes — Google Earth historical imagery + commercial satellite imagery admissible under Bharatiya Sakshya Adhiniyam 2023.

Yes — civil suit can claim cost of restoration + consequential loss + mental agony.

Burden of proof is on him. Without written consent + signature + date + witnesses, claim fails.

An encroachment in 2026 is not a permanent feature of urban India — municipal corporations + civil courts + state revenue offices + the BNSS + the Transfer of Property Act all combine to give every property owner real, enforceable recourse. Defence is immediate documentation + 30-day complaint + parallel FIR + civil injunction. Don't accept neighbours' or builders' or even municipal contractors' encroachment. The law is strongly on the property owner's side.

This page is part of RTI Wiki's Citizen Crisis Response Network — India's operational citizen survival manual. Updates tracked through state municipal-act amendments, RERA orders, NCDRC orders, and CIC decisions.