What are legal remedies against illegal construction

In India, if a builder engages in illegal construction, the law provides for several legal remedies to protect the interests of the affected parties. Some of the legal remedies against the builder for illegal construction are : - 

1. Filing a complaint with the authorities: The first step in such cases is to file a complaint with the local authorities, such as the Municipal Corporation, Development Authority, or Town Planning Department. These authorities can take action against the builder by issuing notices, stopping the construction work, and even demolishing the illegal construction.

2. Filing a case in the court: If the authorities fail to take action, the affected parties can file a case in the court seeking appropriate relief. The court may order the builder to pay compensation, demolish the illegal construction, or rectify any defects in the construction. 
   
   You can also file an injunction suit against illegal construction by taking the following steps:

• Hire a lawyer: The first step is to hire a lawyer who specializes in real estate law. The lawyer will help you draft the suit and represent you in court.

• Collect evidence: Collect evidence to support your case, such as photographs, documents, and witness statements. You will need to provide evidence to prove that the builder is engaged in illegal construction and that you will suffer irreparable harm if the construction continues.

• Draft the suit: Your lawyer will draft the suit for an injunction, which should include details of the illegal construction, the harm that it is causing you, and the relief that you are seeking. The suit should be filed in the appropriate court, which will depend on the value of the suit and the jurisdiction.

• Pay court fees: You will need to pay court fees when filing the suit. The amount of the court fees will depend on the value of the suit.

• File the suit: The suit can be filed in person or by post at the court. The court will issue a notice to the builder and fix a date for the hearing.

• Attend the hearing: Attend the hearing on the date fixed by the court. Your lawyer will present your case and argue for the injunction. The builder will have an opportunity to present their case and oppose the injunction.

• Obtain the injunction: If the court is satisfied that there is a prima facie case, irreparable loss or injury would be caused if the injunction is not granted, and the balance of convenience is in favor of the applicant, it may grant the interim injunction. If the interim injunction is granted, the builder will be restrained from continuing with the illegal construction until the final order is passed.

The time it takes to obtain an injunction order against illegal construction by a builder in India can vary depending on several factors such as the complexity of the case, the efficiency of the court system, and the workload of the court. In general, it may take several weeks or months to obtain an injunction order. In urgent cases where the harm caused by illegal construction is imminent, an interim injunction may be granted within a few days or even hours of filing the application for an injunction. However, obtaining a final order for a permanent injunction may take longer as the court will need to hear both sides and examine the evidence before making a decision.
It is important to note that the builder may also file an appeal against the injunction order, which can further delay the resolution of the case.
In some places, such as Ghaziabad in India, the government has approved a scheme that allows building owners who had constructed the buildings against the map to legalize their illegal constructions by paying some penalty or obtaining a regularization certificate. This scheme is intended to provide relief to the residents and generate additional income for the development authority.