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Illegal demolition without notice by SDM


26-Feb-2023 (In Property Law)

We Built a room on agriculture land measuring 16000 sq yard for caretaker and keeping pump/manures/seed etc. who is purchased by registered power of attorney by a no of owners in 1999. We are doing agricultural activities and running a Nursery. SDM demolished the room without notice and broke the lock of the room and thrown out/damaged all house hold items and left them in open without giving its custody to any concerned. When inquired SDM office told that it is Gram Sabha Land. Earlier SDM instructed us in writing to do agricultural activities on this land. What legal action can be taken??

Answers (3)

Answer #1
913 votes
was there any one present at the time of demolition, when was it done at what time of the day? As you said demolition is done without any notice to you, the said demolition though attempted to be done in his legal exercise of power but the same is illegal, you can file a writ petition against his action. further as the said construction was only for keeping manures, seeds etc and pump for irrigation, cultivation and agricultural purposes the same cannot be said to be illegal but you have to prove it with documents and photographs.. you can also file a suit for damages...
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Advocate Ashutosh Dubey

Adv. Ashutosh Dubey

LawRato Delhi | 25+ Answers
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Answer #2
567 votes
file a writ against the SDM and for his illegal activity and also seek prayer for damages. If it is decided that the act of the SDM is illegal then you will also compensated and criminal action may also be taken againt the illegal act. Thanks and regard
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Advocate Anand Verdhan Maitreya

Adv. Anand Verdhan Maitreya

LawRatoDelhi | 5+ Answers
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Answer #3
829 votes
First of all file a civil suit for mandatory injunction within the competent jurisdiction of the civil court. Try to take stay from that court so that no further demolition will take place. When the counsel for the SDM file their Written Statement. He is suppose to file the alleged notice and the receiving of that notice. If he fails to file these documents. Then demolition will treat as illegal and you can file a case for compensation as well.
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Advocate Atul Patni

Adv. Atul Patni

LawRatoDelhi | 5+ Answers
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