Illegal construction at flat and owner missing
3 years ago
My neighbor has illegally constructed brick and patra in his terrace and also encroached fire escape area and thus violated builder's agreement. He has been served a notice by the builder as well as the municipal department.
After a complaint and order from the municipal commissioner, the local ward officer had removed my neighbor's illegal patra, but he once again constructed it. The ward officer and the demolition squad has once again said that they will remove and seize his materials, but since past 1 year, he has left his flat and gone away and is absconding.
The ward officer is saying he should be present for them to remove his illegal construction. Is it necessary for my neighbor to be present? What action can be taken against him for:
1. Reconstructing his patra after municipality had removed it.
2. For absconding and not picking up calls to avoid demolition?
Thank you
Ayantika Mondal @ Prime Legal
Responded 3 years ago
1. File a suit for permanent injunction. The Court will then order that the illegal construction be removed.
2. As he is absconding, you can ask the Court to pass an ex-parte decree, in his absence. This will be done after they determine that he cannot be located.
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No, an order can be obtained ex-parte.
1. You can approach the Court for permanent injunction and have it demolished citing public nuisance and a safety hazard.
2. As he is absconding, the Court can pass any order in his absence.
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You may get issue a legal notice and file a suit for mandatory injunction, permanent injunction and claim damagers.
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