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What to do if there is demolishing of property
04-Jul-2023 (In Property Law)
I have construction in PWD land and they didn't send any notices to demolish that. They said previously that this place is not needed to demolish now ao we are safe...Now the road in Market area is wider than this area so they need more space there and they startwd demolishing the illegal properties there after giving notice.but with the help some political leader the people of that area demands that our construction should be broken and Engg forced us to broke the cinstruction just to show off while he clearly speaks that this is not needed but just to avoid these our construction should be broken...How to manage this...?
Before demolishing any unauthorized construction a show cause notice is issued to the owner of the building to afford him an opportunity of showing that his construction should not be demolished. This opportunity is given to the shop owner/residents to file their reply. Only then a reasoned order is passed. Furthermore, such notice also gives to the affected person the opportunity and time to obtain a stay order against demolition from the court.
Now that the properties have been demolished the only legal recourse which may be adopted is to move to court against the PWD and seek damages for the loss occasioned due to the demolition.
Alternatively, you can also file an RTI (right to information) plea to ascertain on whose orders the said portion was demolished and what prompted the waiving of notice.
As there is a violation of the procedure and financial loss, you are entitled to seek compensation albeit the building was illegally extended.
If you need any assistance with that we can guide you.
Now that the properties have been demolished the only legal recourse which may be adopted is to move to court against the PWD and seek damages for the loss occasioned due to the demolition.
Alternatively, you can also file an RTI (right to information) plea to ascertain on whose orders the said portion was demolished and what prompted the waiving of notice.
As there is a violation of the procedure and financial loss, you are entitled to seek compensation albeit the building was illegally extended.
If you need any assistance with that we can guide you.
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Adv. Robert D Rozario
Mumbai | 100+ Answers
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