Building constructed by the muncipal corporation
Querist :
Anonymous
(Querist) 19 December 2011
This query is : Resolved
Hi Sir,
The muncipal corporation of my town has constructed a marriage hall on my land. As I stay away from my home town due to my work, I came to know about it after one of the person who was willing to buy it went to have a look at the property. He told me about the construction. The construction by the munciapl corpoartion has not yet completed, and is not yet ready to use, howevr, the concrete structure has been erected. Could you please tell me what all steps should I take? I would also like to inform you that, if I agree on a compromise I will get the government rate of 180000 Rs, from the Muncipal corporation. However, the property is at a prime location and if I sell it to someone else, I would get close to 300000 Rs.
Please assist.
Thanks
Waiting eagerly for your reply.
Devajyoti Barman
(Expert) 19 December 2011
Send the Municipality a demand justice notice.
After that file a Writ against the Municipality.
Sailesh Kumar Shah
(Expert) 19 December 2011
can you tell that on what basis municipal have made construction??
it is very strange??
Querist :
Anonymous
(Querist) 19 December 2011
They once did it before on a small piece of land adjucent to the one on which they have constructed now. During that time as I had no time and also, I had some job related issues to take care of I and agreed to the compromise. They paid me 60000 Rs at that time for that piece of land. I think they have done it again thinking that I would agree. As mine is a samll town and most of the people know each other, we are pretty familiar to them and they to us. But this time I have time and also, I do not want to lose this piece of land as it is larger then the previous one. I think they are under the impression that as I am away, they can acquire my land and then give me anything they choose. I feel cheated. when they did it the last time, I clearly told them that they should not do something like this in future and the engineer himself was invoved in the measurement of the land and assured me that it would not happen again.
Querist :
Anonymous
(Querist) 19 December 2011
also, could you please tell me if I could file a case of fradulent activity against the people from the Muncipal Corporation, as the map of the building should have not been passsed by them as the land is on my name. someone, did do something unethical to get the map of the building passed.
Nadeem Qureshi
(Expert) 19 December 2011
filed a Permanant Injuction suit against MC.
Raj Kumar Makkad
(Expert) 19 December 2011
If the municipality has illegally encroached upon your land and is constructing a marriage palace, it is a mockery of law on the part of municipality.
You should immediately file a civil suit for declaration and mandatory injunction against municipality and seek exemption from serving prior notice under the provisions of section 80 (2) of CPC. Get the construction stopped at this stage and demand demolition of entire construction and heavy damages from them.
So far criminal action is concerned, it can be initiated by you by lodging a FIR against all concerned officials of municipality.
Devajyoti Barman
(Expert) 19 December 2011
Since the municipality falls under the category of ' state' as embodies in Article 12 of the Constitution of India, the WRIT would yield expeditious remedy.
Querist :
Anonymous
(Querist) 19 December 2011
I thank you all for the expert advice on this.
Nadeem sir, could you please explain what Permanant Injuction suit, means. If I understand it clearly, I will explain it to my people back home so that they can hire a lawyer and get it filed.
Thanks a lot. I have full faith in the judiciary. I will need advice on this every now and then.
