Police officer is illegally interfering in my property and stopped the construction work. There is no dispute in regard of my property. Some property dealers are trying to cancel the allotment of land. Therefore, they are using the police force to fulfill their desire by illegal means. They are trying to grab my land by hook and crook. In this situation I have made a complaint to the superintendent of police, but he did nothing. I am not able to complete the construction work. Please suggest.
Asked from: Madhya Pradesh
A police officer has no right to interfere with a person’s property without a reasonable and legal cause. Such interference amounts to an infringement of the individual’s right to privacy and other constitutional rights. Although the right to property is no longer a fundamental right, it remains a constitutional right.
If a state agency or its instrumentality is acting on behalf of a private individual, the aggrieved person has the right to approach the High Court under Article 226 of the Constitution of India. The High Court is empowered to issue a writ of mandamus and direct the state agency or its instrumentality to refrain from engaging in illegal acts.
Illegal interference by the police in an individual’s property also violates the right to privacy, as established in Kharak Singh v. State of Uttar Pradesh (1962).
You should file a writ petition in the High Court under Article 226, seeking the issuance of a writ of mandamus against the concerned police officer. You should also provide evidence of the illegal interference by the police, as it will strengthen your case.
While deciding the writ petition, the High Court has the authority to grant compensation for any loss or injury caused by such illegal interference. The court may also award compensation for the infringement of fundamental rights. You should claim compensation on the ground that police officer which is state agency illegally interfering in my property.
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