How to get stay against demolition by government

871 votes

Yes. You can take a stay order ( Mandatory injunction and ad-interim injunction) against the intended demolition from the jurisdictional civil court where the property is situated. You can also file a writ petition in high court seeking explanation from the government on what basis they are trying to demolish your building and a direction to the government to stall the demolition proceedings till the writ petition disposes off. Further, in the writ petition itself, file a miscellaneous petition for a interim stay order. As you said if the government approves for land to land allotment as per your wish, go about that. For construction expenses recovery through civil court, you need to have the proof of the expenses incurred. Then file a money recovery suit and claim the amount. For this you need to pay court fees according to your claim amount.

Advocate B. Srikiran LawRato

744 votes

If you have strong grounds, facts and evidences, a stay order can be obtained from the competent court ordering government authority to stop demolition. Don’t wait till last hour. Contact a competent advocate in your area to file stay petition. Good Luck

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Advocate Sameer Hussain LawRato