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amravati municipal corporation notice of sec 53 and 54.
07-Oct-2023 (In Property Law)
the municipal corporation in amravati, maharashtra, have issued a notice under sec 53 & 54 for construction above permitted level by couple of feet, and also carried out demolition of portion which was not mentioned in the notice and left what was in the notice the way it was. eventually leading myself to appeal in mantralaya, mumbai.
1) the mantralaya appeal is pending before the honarable chief minister, so can they still demolish.
2) can I put the case in civil court simultanously while it is going on in mantralaya??
3) would the civil case invalidate the mantralaya case?
On receipt of notice itself you should have challenged the notice on various grounds in civil court and obtained injunction. Be that as it may, the law remains that the remedy lies with appeal in mantralaya only, which is what you have done. While your appeal is pending the corporation ought not to demolish it because then your appeal becomes infructuous. If you win in appeal, as they have demolished wrong portion, you can file civil suit for damages.
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You need to get stay from concerned authority to stop demolishing of the structure. Yes you can file City Civil suit during pendency of the appeal before Mantralaya. Civil remedy has no barring from such appeals and can try and entertain your suit.
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Adv. Purvi Shah
Mumbai | 100+ Answers
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Definitely you can file civil case by pleading all the facts and also can pray for injunction and stay the process of demolition. But do the needful compliance of legal notice and etc before filing suit against muncipal corporation. In now way it wool affect your proceedings before mantralaya
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Adv. Sagar Kothari
Pune | 400+ Answers
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