Demolishing the residental property
Ranbir
(Querist) 22 November 2016
This query is : Resolved
Dear sir ,
My cousin brother is a tenant and is residing in his rented house for more than 40 years and is regularly paying his rent to the owner of the house the owner of the house is building another house adjacent to my cousions rented house but while construction was going on and my cousin was out of house the owner demolished the portion of my cousins house and was trying to build the house including the land of my cousion my cousin immediately gave application to the sdo police and municipal authorities for the act of the owner following which the municipal authorities reached the spot and ordered the owner not to go beyond the plan approved by them and not to demolished the house without the court orders but the owner forcefully constructed the house in the land of my cousin now my cousin wrote several letters to the municipal authorities to demolished the illegal construction of the owner and also to direct the owner to give back the property to my cousin but no response is received from the concerned department can my cousin file writ petition in high court against police sdo and municipal authorities for taking no action regarding the same
adv.bharat @ PUNE
(Expert) 24 November 2016
Ranbir as no action take by authority it means that they don't want to do any thing.
As public authority they should respond to public.
U can file Writ of Mandamus in the High Court in whose jurisdiction property is located.
Will u appreciate this answer by giving like on my LCI profile?
Rajendra K Goyal
(Expert) 26 November 2016
Your cousin should have approached the court for stay orders.
Discuss in detail with local lawyer.
