suit for the deconstruct construction
PRAKASHCHANDRA MARU
(Querist) 29 December 2009
This query is : Resolved
hello all respected learned my query is as attatched file
At the side of home mr x construction was taken place by mr y the said land probably in the name of mrs. z
According to the said dispute x applied before the chief officer for the remove the construction and stop construction and with the connection of the said matter chief officer issued letter to y for the stop construction and remove the construction which is already constructed by mr y the letter of chief officer ignored by mr y so chief officer second time issued the same letter as final instruction then also no any kind of the steps taken by the mr y
Therefore mr x demanded the all things under the R T I act with the connection of the said property but with the surprise he got that no any type the property on the name of mr y but that is the true fact that the construction is taken place by him and under the instruction of him
Finally mr x wrote a letter to the depyuty collector and colletor and with the said letter collector wrote to the chief offcier to prevent the said construction and remove the construction which was already constructed by mr y
In the reply of the letter of collector the chief officer wrote that there is no any property in the name of mr y therefore no nedd to stop it the chief officer also declare that there is no any kind of the development permission given by the authority.
Relief
To remove the construction which was constructed by the mr
Wheter is it necessary party chief officer for the explanation
Kiran Kumar
(Expert) 29 December 2009
certainly the concerned authority (municipal or urban development or housing board etc.) is to be made party to the case, you may array Chief Officer as party if he is head of such authority otherwise, it is the head of the authority who is to explain the conduct....if chief officer is not head then he may be summoned later to explain the documents.
adv. rajeev ( rajoo )
(Expert) 29 December 2009
fIRST issue notice to the municipality u/s 80 of the C.P.C.to take action against y, but you will have to wait for 60 days to file suit, so file a suit for mandatory injunction against both the parties along with an IA u/o 39 r 1 of CPC seeking interrium order not to construct the building by Y another thing is file a suit immediately and file another IA u/s 80(2) of c.p.c. to dispense the notice as the matter is urgent.
