quesUnauthorised 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?

  • ansYou 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.

    Best

    Advocate Kunal Sabharawal

      Panchsheel Enclave, Delhi

  • ansIt 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 Joseph

      Nizamuddin East, Delhi

  • ansYes 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 Dalmia

      Jor Bagh, Delhi

  • 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 Property 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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