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Legal action municipality can take against temporary construction
13-Jul-2023 (In Property Law)
I have extended of my balcony & window , first floor less than 1feet for security on air at the side of road by grill, which is temporary by giving information to local ward Councillor & local municipality five years ago Now can any flat owner create objection on that after 5 years? We are six flat owners & have no by laws & also not registered, It is running by understanding with all owners. Can municipality dismantle the temporary structure after 5 years? what is the maximum time period for create an objection on any construction constructed by flat owner? If municipality issue me a notice regarding the matter for remove the same can I go to court against the municipality?
There is no time limit in the law for illegal construction and obstructions as and when the same is come into the notice of the authority they will issue a notice upon you seeking necessary clarification. In the mean time consult with advocate
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Adv. Mahesh Kumar Joshi
Kolkata | 200+ Answers
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Municipal corporation have to issue a notice 30 days before dismantling a construction. You can always file a writ petition challenging the notice. Since your tenancy agreement is not there flat owner cannot raise any objections.
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Adv. Debanjan Das
Kolkata | 25+ Answers
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Dear Client,
As per the details given by you I feel it is not possible for the Municipality to dismantle the temporary structure after elapse of so many years more importantly you have done it by informing them and if the take any action then at first they have to explain the delay in non taking action, and as far as the flat owners are concerned they have no locus-l standi to file any case against you. Yes of course you have option to go to Court against the Municipality and seek injunction.
As per the details given by you I feel it is not possible for the Municipality to dismantle the temporary structure after elapse of so many years more importantly you have done it by informing them and if the take any action then at first they have to explain the delay in non taking action, and as far as the flat owners are concerned they have no locus-l standi to file any case against you. Yes of course you have option to go to Court against the Municipality and seek injunction.
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Adv. Vikram Ojha
Kolkata | 200+ Answers
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