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anthony dcosta (lawyer)     09 November 2013

How to get unauthrorized construction demolished thrgh court

Five storey unauthorized building is underconstruction on my adjoining plot . The property is being constructed without any sanction plan form Municipal Corporation. The faulty structure of building has resulted in development of cracks and gaps on walls and lanter of my property. pls suggest how can the property be demolished through court and compensation be claimed for losses to our property . Pls elaborate on the legal procedure suggested.



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 4 Replies

Sudhir Kumar, Advocate (Advocate)     09 November 2013

seek injunction. file writ mandamus against municipal authority and police if you have given any complaint to them.

BAALASUBRAMANNYAMM (Advocate)     09 November 2013

First you should send a notice to the Municipal Corporation about the illegal construction of the structure. Then they will react. Even after notice, if they dont react, then file a suit. 

Adv. Nikhil Seth (legal consultant (9867264707))     09 November 2013

Dear Dishant,

At the outset issue legal notice to developer , Thereafter if he fails to comply than file a civil suit in your local jurisdiction . In prayers press for demolition as well as compensation for damages to your ,Property. Simultaneously file Notice of Motion Application seeking interim relief to Demolish the said Property.  

Regards,

Adv. NIKHIL SETH 

Mumbai 

minaz dandhala (lawyer)     09 November 2013

File a civil Suit for declaration and mandatory injunction along with an application for temperory injunction restraining from carrying out further construction work. However as the suit will be decided on merit, further possibly followed by appeals and execution of decree, it will take long period of time for getting the construction work  demolished through the court. Instead try approching municipal corporation authority, which if find the construction as unauthorised or against the rules,by laws ,or not in accordence with the sanction plan will demand the demolishion thereof by issuing a notice under relevent provision of law.


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