Demolition of suit property
Querist :
Anonymous
(Querist) 27 September 2011
This query is : Resolved
Sir,
a house was constructed in 1990. owner started residing in 2010 and constructed one more room at first floor without permission of mcd. neighbour filed a suit for permanent and mandatory injunction and demolition. mcd issued unauthorised construction notice and demolition order but was not received by the owner. trial court upheld the order of mcd and before framing of the issues allowed the mcd to proceed. the owner went to atmcd in appeal. there he gives a statement that one room was constructed and undertook to demolish it. but the appeal was filed on the other grounds that only repair work was going on. same stand was taken in WS before trial court. what should he do now. what remedy does he have regarding difference in statements.and what should be the future course of action.
please guide.
ajay sethi
(Expert) 27 September 2011
trial court has upheld order of demolition . in appeal owner has agreed to demolish it . the court will frame issues
as to whether work being carried out was in nature of repairs?
whether unauthorised construction work was being carried out ?
after evidence is led court will give a finding as to whether work carried out was in nature of repairs
Raj Kumar Makkad
(Expert) 28 September 2011
Your undertaking for demolition is final and need no interference from any quarter and no issue is involved herein. Follow it or face defamation or section 340 Cr. PC and multiplication of litigation.
Can you not come with truth before MCD and get it legalized the unapproved construction by depositing due penalty?
prabhakar singh
(Expert) 29 September 2011
Going with your query i find lawyer are blamed to lie for no good reason.
we do not have mind now to protect the inevitable demolition of the construction raised as room by you.A repair and construction of room are two different things,you can only delay things by such frivolousness of defenses.
Guest
(Expert) 02 October 2011
Agree with the experts.
Guest
(Expert) 02 October 2011
SKJADVT,
I wonder to see your post, "Mr Dhingra you are always suggesting police action against advocates."
Can you state, out of my reply to the present question, from where you have dreamt about my suggestion on police action against any advocate?
In fact, I find when you find unable to suggest any solution to the querist, by tracing my reply you just try to gather add to your scores by criticising me out of your jealousy, while I have already tested your legal knowledge through several questions on other threads, where you totally failed even to reply even a single question of mine..
Guest
(Expert) 02 October 2011
If you are so upset with the words CEO, registration, and expert, why don't you reply to my questions and provide legal definition and provisions in support of your objection. you have not even tried to reply my previous question to you "FROM WHERE YOU HAVE DREAMT ABOUT MY SUGGESTION ON POLICE ACTION AGAINST ANY ADVOCATE?"
Just write here itself where did I suggested to send an advocate to police station?
BETTER PASTE THE LINK OF THE QUESTION HERE ITSELF ON WHICH I SUGGESTED TO SEND AN ADVOCATE TO POLICE STATION, SO THAT OTHER EXPERTS MAY ALSO KNOW ABOUT YOU AND ME.
