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Can civil construction be stopped by local police under section 144 ?
11-Feb-2023 (In Civil Law)
Can civil construction be stopped by local police under section 144 ?
Yes it can be stopped,considering a specific restraining over been passes by the ld. Court, asking the local police authority to give a report on the upon the suit property. With the help of the police authority.
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Adv. Ritam Ghosh
Kolkata | 25+ Answers
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What is the difference between illegal and Unauthorised construction?
Structures that are not built according to the norms or without clearances are not legal structures. Unauthorised construction is the process of building an illegal structure. The government may demolish them. 16-Aug-2019
What is the IPC for illegal construction?
The construction is likely to lead to a break in the peace. The executive magistrate is empowered to take immediate actions necessary to prevent a breach of peace under section 145 of the Crpc. Illegal constructions will lead to a breach in peace.
How can we stop illegal construction in Delhi?
You can send a letter to the Municipal Corporation concerned against the illegal construction. A notice will be sent to the person who is doing the work, asking them to respond within a specified time to the complaint.
May be and May be not. It is totally depends upon the Facts and Documents of the Case. Therefore, the question is what do you mean by Civil Construction. Is it Road Construction, Construction by any Govt. Authority etc. Another question is what is the locus standi of the Petitioner who wants to stop the construction. If the Ld. Executive Magistrate will satisfy, then construction be stopped. But it is not final relief. Injuction order from Civil Court is better for this type of dispute.
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Adv. Sanjoy Acharjee
Jalpaiguri | 400+ Answers
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Sir,
First I need to know, is the construction made in your land ? How are you affected by such construction? Only then, I can give you a concrete advice. Because 144 only directs the police authorities to take care of the fact that law and order in respect to your possession is not hampered and the police authorities are directed to file a report. But I dont think it will really help you if you want to put a spanner in the wheel. For that you need, specific case made out within the scope of civil laws, before the appropriate civil court.
I tried to give an overview. New possibilities can be worked out once we sit with the papers and I come to know, what exactly you want. I have an office opposite to High Court. My contact details are available in the site. Feel free to get in touch.
First I need to know, is the construction made in your land ? How are you affected by such construction? Only then, I can give you a concrete advice. Because 144 only directs the police authorities to take care of the fact that law and order in respect to your possession is not hampered and the police authorities are directed to file a report. But I dont think it will really help you if you want to put a spanner in the wheel. For that you need, specific case made out within the scope of civil laws, before the appropriate civil court.
I tried to give an overview. New possibilities can be worked out once we sit with the papers and I come to know, what exactly you want. I have an office opposite to High Court. My contact details are available in the site. Feel free to get in touch.
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Adv. Debangshu Dinda
Kolkata | 25+ Answers
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Yes. That depends upon the order and direction by the magistrate. If the construction work is going on without the sanctioned plan issued by the competant authority or violates the rights and interests of the co-owner or adjacent land/building owners... etc.
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Adv. Partha Ray
Kolkata | 25+ Answers
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MY OPINION THAT you have many ways in legal field to quash the Section 144, and remove the police order, you have move before proper forum, you have complain against police act at the higher competent authority.
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Adv. Ranabir Banerjee
Kolkata | 200+ Answers
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The police can also stop illegal construction if there are court orders and orders from revenue authorities.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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