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What legal action to take on illegal and unauthorised construction


16-Apr-2023 (In Property Law)
I am a Muslim by faith. My father who is also a Muslim has started illegal and unauthorized construction on the property which he inherited from my grandfather. I would like to know can I file writ petition against this illegal construction? Please help. Thanks.
Answers (2)

Answer #1
893 votes
There is no legal provision under the Bengal Municipal Act to regularize the unauthorised construction. Certainly, the construction made without any sanctioned plan, is an unauthorised construction. Hence an unauthorised construction is a must to be demolished by law. Once you will have to intimate the Municipality that there has been unauthorised construction, it has to be demolished. If they do not do that, approach the Calcutta High Court and pray for demolition of the same. The Hon'ble High Court on many of my matters directed demolition of unauthorised construction. All the best. Regards

Answer #2
604 votes
you can move before the concerned court against the illegal construction. but it might not be a writ petition. to provide you a detailed and accurate suggestion it is advised to you to have a face to face interaction.

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