My neighbor encroaches on the municipal road. How do I file a complaint in India?

What the Law Says

Encroachment on municipal roads is a statutory offence under state-specific Municipal Acts (e.g., Section 351 of the Delhi Municipal Corporation Act, 1957 prohibits unauthorized construction or occupation of any street, footpath or open space vested in the Corporation). Such acts constitute public nuisance under Section 133 of the Code of Criminal Procedure, 1973, empowering an Executive Magistrate to issue conditional orders for removal. Additionally, Sections 441 (criminal trespass) and 447 (punishment for criminal trespass) of the Indian Penal Code, 1860 apply where intent and unlawful entry are established. The Supreme Court in *Smt. Sushila Devi v. State of Haryana* (2021) 10 SCC 31 reaffirmed that municipal roads are public property, and encroachments violate citizens’ fundamental right to free movement (Article 19(1)(d)) and right to life and personal liberty (Article 21).

Practical Steps

First, gather evidence: photograph/video the encroachment with timestamps, obtain certified copies of municipal road alignment maps (from the Municipal Corporation’s Town Planning Department or online portal like e-District), and collect witness statements if possible. Submit a detailed written complaint (in duplicate) to the Municipal Commissioner or the concerned Assistant Engineer/Town Planner, quoting the specific section of your State Municipal Act violated and requesting immediate survey and demolition. Simultaneously, file a complaint before the Sub-Divisional Magistrate (SDM) under Section 133 CrPC — include supporting documents and request issuance of a conditional order. If no action is taken within 30 days, escalate to the District Collector or file a writ petition before the High Court under Article 226. For permanent relief, institute a civil suit for mandatory injunction in the appropriate Civil Court under Order XXXIX Rules 1 & 2 of the Code of Civil Procedure, 1908.

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