Provision to demolish n evict d unauthrized occupant
DHIRAJ CHANDRAKANT KUMBHAR
(Querist) 01 April 2013
This query is : Resolved
Sir, I m co-op hsg society, one person has made unauthorized occupant n constructed some fixed structure n running garage on it in open space of d building premises alleging that earlier society committee by their consent on some paper has allowed him erect n conduct d said busines on open space, n building sanction plan also shows that portion as open space, n now that occupant has filed a suit against our society 4 declaration n injunction, so let me know that hwz his suit ill b dismissed n he ill evicted n structure ill also be demolished. Which provision n citation ill help us to demolished n evit that unauthorized occupant 4m society open space premises. N can earlier society committe who has given such consent would b held valid n such construction can b regularized
Devajyoti Barman
(Expert) 01 April 2013
Without sanctioned building plan by the local civic authority no structure of impermanent nature is permissible.
So first lodge complaint with Municipal Authority.
He could be evicted only by the by lawful owner of that place.
Raj Kumar Makkad
(Expert) 01 April 2013
You should not only submit written statement on all available grounds but should also file a counter claim in the same written statement seeking demolition of the illegal construction raised by him in the society premises. Grounds depends upon many factors which your lawyer can easily insert.
H.M.Patnaik
(Expert) 01 April 2013
Nothing more to add.
