quesMagistrate ordered to demolish illegally constructed shop

Hello sir, My shop is in Rampur (U.P) & the neighbour has made illegal construction on some part of the shop. Now the District Magistrate has ordered the local police for the demolition of illegal of illegal construction but the local police wants the order from the Municipality (the shop belongs to Municipality). Sir Please guide us how we deal with the case at the current position. Any answers will be highly appreciated & helpful. Thanks in Advance.

  • ansFirstly please confirm that order of demolition is made by District Magistrate or City Magistrate and in which act. Coz City magistrate is specifically empowered to order for demolition of any building under Urban Building Act.

    Advocate Priyam Sinha

      Loharbagh, Sitapur

  • ansAs far as I can understand your query ,you are admitting that shop is illegal ,so law does not permit in any condition to protect any illegal structure regarding this court are very strict ,recently Honable Allahabad high court has ordered to demolish all illegal structures .Here police is following correct procedure because as per Uttar Pradesh municipality Act of 1916 ,municipality has got certain responsibility,with that you had mentioned that shop belongs to municipality so permission of municipality is necessary as per procedure .
    You have one remedy ,if your shop was allotted by the Municipality ,then you could contest for compensation ,so a suit could be filed against the municipality .

    Advocate Rishi Kumar

      Tagore Farm, Allahabad

  • ansAs you write that shop is under municipality so you have to give application to the municipality with photo graph they will demolish it and give another application to district magistrate that is no action taken yet

    Advocate Lubna Ishrat

      Sector 61, Noida

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Civil Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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