A ward officer taking the side of opposite party by degrading us regrading the road issue A ward officer taking the side of opposite party by degrading us regrading the road issue

10 months ago

Does local plot measuring officer can directly bring the Notice without any higher authority by herself and demands us to demolish our property by next day. does the notice can anyone bring by hand or it should be legally sent through the post.

Legal Counsel Vidhikarya

Responded 10 months ago

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A.Dear Client,

A demolition order for unauthorized construction or encroachment is issued by the higher authority of the Municipal Corporation on the physical inspection and the report submitted by the ward Inspector recommending the demolition of unauthorized construction or encroachment. In the absence of prior notice of demolition, the action of the Civic Authority can be challenged before the Court by filing a suit for damages claiming hefty compensation. Reach out to an Advocate for guidance and steps. In case you need any legal assistance in this regard, you may contact our legal team with all the relevant papers.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 10 months ago

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A.Dear client,
This is absolutely illegal. Generally in cases of demolition, due course of law has to be followed. 1) There must be muncipal corporation act applicable in your city .

2)if any unauthorised construction has taken place notice must be issued to encroacher as to why illegal construction should not be demolished .

3) opportunity is given to shop owner/ residents to file their reply

4) only then reasoned order is passed .

5) option is available for residents/ shop owners to move court and obtain stay against demolition .

6) you can issue legal notice to muncipal corporation and claim damages for loss caused to property .

7) file suit for damages
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