Law against illegal construction

This query is : Resolved 

13 July 2019

Respected Lawyers,
I have noticed that there is Construction work of Commercial Complex developed in the area of Talod Municipality. I have obtained the documents regarding that development under the RTI Act, 2005 from the Municipality and I have come to know that the Construction work of Commercial Complex is illegal without any permission from the Municipality. I have made complaint to the Municipality about the illegal construction done in the area of Municipality and then the Chief Officer of the Municipality gave them Injunction to the developers to stop the Construction work. Even though after obtaining the Injunction received by the developers, the developers does not stop the construction work. I have also told all this to the Chief Officer of the Municipality but they does not take any action at that time. Because of all this I have made a Complaint about this matter to the Swagat forum of Gujarat Government and in District Swagat Forum Collector told to Chief Officer for taking action against the Illegal Construction of Commercial Complex. Next day of the District forum the C.O. of Municipality gave notice for the period of three days to developer for demolish the Illegal Construction otherwise the Municipality demolish the Construction. The C.O. of the Municipality after the three days stick the same notice for the period of another three days to the outside of the Commercial Complex. In the meanwhile of three days the Developers file a Special Civil Suit against the C.O. of the Municipality and District Collector under the C.P.C.O. 39 Rule 1,2 and ask the temporary stay order under the section 151. By making false presentations the developer succeeded to get temporary stay order. The C.O. of the Municipality was present at that time but District Collector was not present and C.O. ask one month time to Submit his answer why he has taking action against the Developer. Can I have right to file any type of suit against the interim stay order passed by the Magistrate in the Civil Suit done by the developer against the C.O. of Municipality and District Collector? I have all the documents which can prove that the Commercial Complex developed by the Developers is Illegal.

Dr J C Vashista (Expert)
14 July 2019

What is your locus standie and concern to the property/ construction ?
How you are affected? Presumably your case is for a social cause, isn't it?
Get the stay vacated and move an application under section 340 of the Criminal Procedure Code, 1973 if you are sure that the developer has obtained injunction by misrepresentation of facts.
Consult a local prudent lawyer with relevant record for proper appreciation of facts, guidance and proceeding.

R.K Nanda (Expert)
14 July 2019

Take help of local lawyer.

Priyesh (Querist)
15 July 2019

Respected Dr. J.C. Vashista, actually my uncle's residential house is near by the illegal commercial complex and their house is badly affected because of illegal construction. I am also sure that the developer obtained Injunction by misrepresentation of facts. Actually I have obtained the all the evidences which was produced by the developers for getting injunction but which documents which I have obtained from the Talod Municipality under the RTI Act, 2005, they proves that this construction of commercial complex is wholly illegal without any prior permission and without any permitted Layout Plan.

SHIRISH PAWAR, 7738990900 (Expert)
18 July 2019

If you are affected then you have to take legal action against the builder. You also has right to appear in the matter already filed in court and protect your interest.

Priyesh (Querist)
09 August 2019

Respected Shirish Pawar Sir , I appeared in the Court in the matter already filed and Magistrate sir ordered for fixed hearing on my application for next date. I request you to sir to guide me for next date hearing and suggest me under which Act I can present evidence related to construction of commercial complex is illegal. Can I have right to make an application to vacate the temporary injunction under the Order 39 rule 4 of Code of Civil Procedure,1908?

Azhagananth (Expert)
22 September 2019

you have the right to file W.P before High court as well as Civil suit, as Public Interest litigation. But you can not directly file the vacate stay petition in the suit filed by the Corporate, until you are impleaded as party to suit.

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