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Tenant built annexing his own property with lessor's property
08-Feb-2023 (In Landlord/Tenant Law)
My brothers leased joint property to a tenant and he built without municipality's approval annexing his own property with the leasors property area.Municipal authorities gave a letter regarding the fact by RTI Act.Tenants own property measures only 200 sq.ft. shop area. He annexed his shop area with the leasors property area which consists 2000 sq.ft.Leasors property is 67 years old.Now the building strength is reduced with above annexure.Reported to Municipality to demolish the building. Is there any chances to recapture the building?
The municipality has every right to demolish any unauthorized construction. In recent judgments, courts have come down heavily upon the local governments for not preventing unauthorized constructions. Depending upon the merits of the case, you may file a Writ in the High Court, praying for stay of the municipality's action.
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Adv. Swaminathan Neelakantan
Coimbatore | 400+ Answers
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