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What to do when KDMC allots Smashan Bhumi beside a building
05-May-2023 (In Property Law)
I stay at kalyan, Thane (Mumbai) . KDMC alloted Smashan Bhumi beside our new building, this area is surrounded by many societies, next to "smashan bhumi" children garden. And same area Villagers special "Smashan Bhumi" already in placed. How can we call for STAY on this construction and what is amount we required to pay to have Legal Stay.
To get the stay you will have to file written petition in the High Court. Further details will be needed. What do you mean that there is already a villagers special smashan Bhumi. I suggest filing writ petition asking for order in nature of certiorari or mandamus. Will be glad to help.
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Adv. Bhavik Salia
Mumbai | 25+ Answers
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U mean they have allotted but not yet implemented or otherwise... Anyway you can file a civil suit at Kalyan for stay.legal fees depend upon lawyer to lawyer. I practice at Kalyan Court.. Need further information you may contact me.
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Adv. Ashish Dongre
Thane | 25+ Answers
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Hi
This is long dragen process. KDMC must have prepared regional develompment map in which this property msut be shown as designated for Sumshan. At that time you was supposed to take objection. While showing such reservation by Corporation, then issued public notice, intimation objections. That is the stage at which you are supposed to take objections. Then such development map would be sanctioned by State and it become final. Onces it become fianl, scope of challenge would be lesser. If land is owned by Corporation then you may not have may voice. First part of this answer in respect of raising objection ,is ,if land is owned by private person. Otherwise it is policy decision of local authority. Citizan may not have strong right to challenge it, unless it infringe fundamental right, or corporation has doing something without following mandatory provision.
This is long dragen process. KDMC must have prepared regional develompment map in which this property msut be shown as designated for Sumshan. At that time you was supposed to take objection. While showing such reservation by Corporation, then issued public notice, intimation objections. That is the stage at which you are supposed to take objections. Then such development map would be sanctioned by State and it become final. Onces it become fianl, scope of challenge would be lesser. If land is owned by Corporation then you may not have may voice. First part of this answer in respect of raising objection ,is ,if land is owned by private person. Otherwise it is policy decision of local authority. Citizan may not have strong right to challenge it, unless it infringe fundamental right, or corporation has doing something without following mandatory provision.
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Adv. Ajay Ashok Joshi
Pune | 25+ Answers
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