Illegal construction at roof despite notice by up awas vikas
Prabhav Shukla
(Querist) 04 March 2012
This query is : Resolved
I want to file a case against Illegal Construction at roof despite Notice by UP Awas Vikas. As per UP Awas Vikas instruction construction above first floor in not allowed as base can afford only till first floor. My first floor owner first tried to construct above first floor in 2008 which I stopped with the help of Police and UP Awas vikas. Now in my absence he again build over first floor, I complaint to UP Awas vikas about this. I filled a RTI to UP Awas vikas to reply about my complaint. They replied that he has given in writing that he will remove the construction but no action is taken either by him or UP Awas vikas. I want to sent a legal notice to both and file a case against them to take action.
I have copy of notice by Awas Vikas sent to him as well as response of my RTI from UP Awas vikas
adv. rajeev ( rajoo )
(Expert) 04 March 2012
Within two years from the completion of the construction of the first floor, you will have to file a suit for mandatory injunction to demolish the first floor.
Raj Kumar Makkad
(Expert) 04 March 2012
Immediately file a suit for injunction against both and obtain a permission to file prior notice to Awas Nigam under the provisions of section 80 (2) of CPC.
Prabhav Shukla
(Querist) 04 March 2012
Thanks for inputs, Can you please let me know any contact from Ghaziabad who can help me filing the suit
Kirti Kar Tripathi
(Expert) 04 March 2012
Make a complaint to Development Authority and Awas Vikas, in case no action is taken by them file a writ petition against the Development Authority and Awas Vikas. It is responsibility of the Development Authority and Awas Vikas to ensure the norms of constructions. Civil Suit will take of time and money.
Raj Kumar Makkad
(Expert) 04 March 2012
Taneja Law Office
Off Address: Aman Villa, E-82, Golf Links Sector 41, Noida - 201303
New Delhi Address: 223, New Lawyers’ Chambers, Supreme Court of India, New Delhi-110001
Prabhav Shukla
(Querist) 06 March 2012
Hi,
I talked to one lawyer, he suggested to file a suit for injunction. This will put stay on this. My query is
- Will he able to use the illegal construcation after the stay? He is currently using this.
- What does stay mean ? is court will put lock/seal on that illegal construcation?
Pl. reply, as I am going to file a suit.
prabhakar singh
(Expert) 08 March 2012
Any injunction order is a restrain order asking defendant either to do or not to do acts complained of by the plaintiff.Stay means no move on now rather stand still(as it is).Things shall be as they are prior to filing of the suit.
