Unauthorised construction prior to 2014. Can it be demolished?
The Hon'ble court had issued demolition orders for unauthorised construction. But recently a bill has been passed which states that construction prior to 2014 are safe. Is there any way this construction can be demolished?
You need to file an application before the High Court for reviewing its own order in the guise of the Notification and news report. As of now unauthorised constructions carried out within span of 2002-2014 would be exempted from demolition. However, I verily believe that the referred notification must be with some riders. Assume if a building is unauthorised to the extent that it poses threat due to lack of stability it its beams and pillars are not capable of holding the unauthorised part, then even this notification would not come to rescue.
Advocate Kunal SabharawalPanchsheel Enclave, Delhi
It is near impossible to comment without studying the relevant court order and amended rule but prima facie it seems that if the government has brought in a rule to circumvent the court order the construction will stay unless the new rule itself is challenged and is struck down by the court
Advocate Rajat JosephNizamuddin East, Delhi
Yes I can be stopped of the bill has become an act and covers your area..
The delhi special provisions act has been extended since 2007 onwards to stop demolition if that's the legal enactment u have in mind..
Advocate Vanshdeep DalmiaJor Bagh, Delhi
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