Is legal notice required to demolish unauthorised wall

Querist : Anonymous (Querist) 23 January 2011 This query is : Resolved
My mother wanted to construct a room on first floor of the back portion of the house. MCD sent her a notice in 2002 that her plan will not be sanctioned unless all unauthorized structures are removed from the property. My mother then passed away. I was out of town during that period. I shifted back into the back portion of the house (which has been bequeath to me) sometime back. The front portion of the house is bequeath to my brother. The property is not mutated in our names. Yet he rents out his portion of the house. Last month his tenant left the premises. There is an unauthorized wall on a drive way which I have recently demolished. He called the police and now I am being threatened of being charged under IPC448 and CrPC 145 by the police.
I fail to understand how a person can be charged on bringing down an unauthorized construction that too a kaccha wall dividing the open area of the plot.

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S. Bharath (Expert) 23 January 2011
The legal process requires legal methods even against illegal acts. There should have been a demand from your end [a notice, not necessarily a legal notice] calling upon the other man to remove the wall and upon his default you could have explored judicial or other law-enforcing agency's intervention.

Arvind Singh Chauhan (Expert) 23 January 2011
Mr. Bharat is quite right.As legal process requires legal methods even against illegal acts.

N.K.Assumi (Expert) 23 January 2011
Our judicial jurisprudence is based on Rule of law which does not permit any person to take the law in its own hands but to take the aids of the Court for redressal of his/her rights. Better clear your title in the civil court and do what ever you think is proper in your property.