About stay order.
GUNASHEKAR
(Querist) 12 November 2014
This query is : Resolved
Sir,
Recently we have started a house construction in Hyderabad.We obtained permission from GHMC-Greater Hyderabad Municipal Corporation for Ground Floor and fist floor only.However seeing 4-5 stored building(without permissions from the GHMC) around our house, we too constructed the second floor.Now the GHMC gave us a notice of demolition.
Can we get stay order ?If yes, does the Hon'ble Court of Law ask to produce Legal heir certificate during aquisition of Stay order?Kindly enlighten us?
Devajyoti Barman
(Expert) 12 November 2014
The merit of demolition would depend on the Building Rules of the concerned Municipality.
If there is no merit in the Notice then you can challenge it in High Court.
Meet a local lawyer.
Rajendra K Goyal
(Expert) 12 November 2014
Consult local lawyer and show him all the papers.
Dr J C Vashista
(Expert) 13 November 2014
No stay shall be granted/maintainable.
You have violated the sanctioned plan, GHMC is well within legal obligation to issue notice not only to you but others also. Inform GHMC.
If no action is taken by GHMC against others (for illegal construction) initiate necessary legal action against GHMC as well as wrong-doers.
T. Kalaiselvan, Advocate
(Expert) 16 November 2014
You have received notice for gross violation on your side, First you clear your side irregularities, i.e., by paying the stipulated penalty for regularising the deviation/violation if it is within the permissible limit. Rest of things you can consult a lawyer and proceed as per his advise.
