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Shop demolished by municipal corporation for illegal construction


21-Mar-2023 (In Property Law)
In my town, the locality where I live in, all houses and shops have been built few meters beyond their limits and hence they are very close to the main road. Recently, sudden orders were passed, without any prior notice, to demolish all such constructions to make way for broader roads. All houses/shops were immediately demolished, leading to loss of lakhs of rupees and property. What should I do
Answers (1)

Answer #1
217 votes

Before demolishing any unauthorized construction a show cause notice is issued to the owner of the building to afford him an opportunity of showing that his construction is not illegal. An exception to this is when a court of law directs the demolition of a building.

 Furthermore, the notice by the municipal corporation also gives to the affected person the opportunity and time to obtain a stay order from the court.

Now that the properties have been demolished the only legal recourse which may be adopted is to move to court against the corporation and seek damages for the loss occurred due to the demolition. You must appoint a well qualified lawyer and file a suit for damages. Upon submitting of all the evidences, and proper examination by the court, the court will grant appropriate compensation to you. 


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