Emerging issues relating to trespass law in India an analysis

Abstract

The doctrine of Trespass has evolved over the ages and has been construed by many authors and members of legal fraternity from time to time. It is a matter of great concern that the problem of trespass is increasing day by day in India in various forms. There are various emerging issues relating to trespass in India such as encroachment/squatting, trespassing across railways, trespass in cyberspace, understanding the conflict between Adverse Possession and Trespass along with throwing some light on the Environmental Pollution which is rising as a continuing trespass with the passage of time. Further comparing the situations and laws in corresponding developed nations like the United States of America and the United Kingdom. With emerging trends and new dimensions of trespass, the law relating to trespass needs to be reassessed in conformity with such developments. Beyond a shadow of doubt, in the present era, the existing laws relating to trespass have failed to achieve their purposes for which they were brought to existence and suffer from various lacunas and defects for which reasonable, practical and effective recommendations have been suggested in the present study after a comprehensive analysis. newline