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Can I file a case against unauthorised construction
12-May-2023 (In Civil Law)
A promoter has been constructing a "Multi-Storied" G+4 Building illegally beside my house and I had lodged many written complaints to the Municipality as well as the local police station , subsequently the said Municipality issued a "Stop Work Notice" against the said construction in 2016& the said municipality has found that the said construction is illegal & G+4 floor is also illegal which is without sanction . I have obtained this Stop Work Notice copy from the municipality but the said promoter is still continuing the construction but the said municipality is now telling me they can not stop this work thereafter , I have filed three additional written complaints to the District Magistrate , Sub-Divisional Officer as well as the Commissioner Of Police in this regard but till date , no action had been taken . I am the very closest resident to this building . Being a common person can I file any case or suit against the said promoter?
Sir you can file a suit against the promoter and get an injunction from the court so that the promoter cannot carry on with the construction. Please call for more details if you have further questions.
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Adv. Swapan Kumar Dutt
Kolkata | 25+ Answers
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What is the IPC section for illegal construction?
They commit a crime punishable by section 504/506 IPC. Under Section 200 of the CrPC, the magistrate is given vast powers. You can summon the accused if you provide enough evidence in court.
How do I stop illegal construction on my land?
You can visit the municipal corporation in your area. Follow the property procedure and file a complaint about the illegal construction. The municipal corporation will then send a legal notice to either the owner of the property or the residents. 10 Nov 2022
What are the disadvantages of illegal construction?
Illegal construction occurs when a building is built that is either not allowed by the landowner or is more than the permitted amount. This is dangerous because it affects public property and life. In these cases, public utilities like electricity and water are limited or non-existent.
Who is responsible for illegal construction?
Stopping unauthorised construction is the responsibility of the Municipal Corporation notified. You can send a letter to the Municipal Corporation concerned regarding the illegal construction.
Yes, you can file a suit or case against the promoter. Being a sincere and good citizen of our Country, you have the right to file a case or suit. The case or suit must be properly drafted and properly materialized.
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Adv. Sreemon Bose
Kolkata | 200+ Answers
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Bombay High Court judgement on illegal construction
Unauthorised construction writ petition
How to make illegal construction legal
Suit for demolition of illegal construction
Supreme Court judgement on unauthorised construction in Delhi
Supreme Court judgement on unauthorised construction
you can file a civil suit for Declaration and permanent injunction against the said Promotor as well as against the original land owner to stop the said illegal construction work.The documents you have collected from the Municipality will help to get injunction order to stop the said illegal construction work.
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Adv. Biswajit Roy
Asansol | 25+ Answers
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The Supreme Court, in its judgment dated 12 January 2021, has upheld the decision of the National Green Tribunal passed in 2016 about demolition of a hotel-cum-restaurant built on forest land by the Himachal Pradesh Bus Stand Management and Development Authority.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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