Yes, if someone has been using your property illegally — whether through unauthorised occupation, encroachment, or continued use after their right to occupy ended — Indian law provides a clear basis for claiming compensation, commonly referred to as "mesne profits," representing the value of the benefit the wrongdoer derived from your property during their illegal occupation. Mesne profits are specifically defined under Section 2(12) of the Code of Civil Procedure, 1908, as the profits which a person in wrongful possession of property actually received or could have received with ordinary diligence, together with interest, but excluding profits due to improvements made by the wrongful possessor themselves.

A claim for mesne profits is typically made alongside a suit for recovery of possession — under Order 20 Rule 12 CPC, when a court passes a decree for possession of immovable property, it can also direct an inquiry into mesne profits, either up to the date of the suit, or continuing until the wrongdoer actually delivers possession, ensuring you're compensated not just for the past illegal use but for the entire period until you actually regain the property. The court typically orders a detailed inquiry into the rental or usage value the property would have commanded during the occupation period, often based on comparable rental rates in the area, expert valuation, or actual profits the wrongdoer demonstrably earned from the property.

Where the illegal use amounts to actual physical damage or deterioration of the property — beyond simply occupying and using it — you may additionally claim damages for such harm under general principles of tort law, separate from and in addition to mesne profits, which specifically compensate for the wrongful benefit derived rather than damage caused.

If the illegal use involves a genuine trespass with an element of force or criminal intent, a parallel criminal complaint under Section 329 of the Bharatiya Nyaya Sanhita, 2023, dealing with criminal trespass, can support your civil claim and may accelerate matters, particularly where police intervention helps stop the ongoing illegal use while your civil suit for possession and mesne profits proceeds.

Building a strong mesne profits claim requires careful documentation — comparable rental values in the area, any evidence of actual income the wrongdoer derived (such as if they sublet or commercially used your property), and the precise duration of the illegal occupation — gathered as early and thoroughly as possible to support the court's eventual inquiry.

For representation before Ahmedabad's courts in pursuing compensation for illegal property use, the Top Property Lawyers in Ahmedabad | Aapka Legal Advice directory can connect you with suitable counsel, and our legal experts at Aapka Legal Advice can help you build a strong mesne profits claim.

In conclusion, yes, you can claim compensation for illegal use of your property in Ahmedabad through a claim for mesne profits under Section 2(12) and Order 20 Rule 12 of the Code of Civil Procedure, 1908, typically pursued alongside a suit for recovery of possession, compensating you for the wrongful benefit the occupier derived during their illegal use.