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sanketh (teacher)     05 July 2013

How to stop construction of building

sir ,

i work in a school were next our school building construction is going were he have got permission to construct 4 floor, which is not permitted, if he constructs that then it will be problem for school students.

so can i know how to get stay order for that , so that these govt., school children will be benefitted....



Learning

 3 Replies

Hemang (Advocate)     05 July 2013

No construction can be allowed to be haulted, when permission in accordance with the regulations framed by the Municipal Corporation is accorded. The matter would be otherwise, if the builders are violating the existing provisions in relation to constructions. 

sanketh (teacher)     05 July 2013

thanx for ur suggestion sir, but in bangalore according to muncipal only three floors shld be constructed , but corrupted officers are given plan sanction for 4 floor ,so wat to do in this case, shall i put case on both BDA( bangalore development authority ) and builder, so that i can stop this construction.

Hemang (Advocate)     06 July 2013

Gather all relevant information under Right to information Act. Get the copies of the relevnant regulations governing building permission from Government press, or also ask under Right to Information Act. Go through the norms framed in this behalf. And, if the construction is permitted as said, you can certainly challenge violation of the regulations. The Court may grant injunction in such a case on proof of breach. You may have to prove the prima facie case. Balance of convinience and irrepairable loss. But, I think a notice may be an adequate remedy at this stage. Serve it upon the local authority, the civil engineer, who permitted such illegal construction and a copy to the Builder or Developer. You may quote the Bombay and Delhi cases, where the Supreme Court recommanded dismissal of the employees. 


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