Query on unauthorised construction
SHIESTA007
(Querist) 20 July 2014
This query is : Resolved
Dear Team,
On the basis of the created, bogus, forged General Power Attorney of the Complainant of the plot, the land mafia gang had transferred the land property among themselves and sold it to 3 parties eventually.
One of the sale deed was done during the pendency of the original suit. The complainant has filed various applications before the City corporation commissioner for the illegal construction that was carrying on the owners plot. But due to high handedness of the Land Mafia's with the City Corporation the construction was going on in-spite the commissioner had suspended the building permission to the opponent party.
Later, when the complainant filed case in the writ petition stating the commissioner had not taken any measures to stop the illegal construction on the complainants land , the commissioner was given orders to stop the illegal construction activity untill the final disposal of the suit by the Hon'ble High Court of Karnataka.
The final disposal of the suit in trial court was done in march 2013. The verdict was in the favour of the complainant and it was ordered that all the 4 fraudulent sale deeds should be cancelled and the opponent party was instructed to demolish at their own cost the building and hand over the possession to the owner.
To this opponent party challenged the lower court's verdict and has moved to District Court. Still the arguments have to take place in District court. (pending)
Meanwhile as the case was under the trial court the Corporation Commissioner had issued a final order under his ambit : stating that the building permission stands cancelled in the event the opponent fails in the original suit.
As the opponent party had failed in the original suit in all aspects and the complainant was declared as the suit property owner and ordered the opponent to demolish and give the possession of the land to the owner.
Now, when the court has ordered the verdict in favour of the complainant, Can the Complainant approach again to the city corporation commissioner for the demolition of the building which is Unauthorised and illegal even when the opponent party has preferred to challenge the lower courts decision in the original suit?
Kindly guide me.
prabhakar singh
(Expert) 20 July 2014
An appeal is treated as continuation of suit.
However an approach to commissioner is not barred because one can not carry constructions even on one's own land without prior sanction of local authority.
ajay sethi
(Expert) 20 July 2014
wait for decision in appeal . commr wont demolish construction if stay has been granted by appellate court of trial court order
Devajyoti Barman
(Expert) 20 July 2014
If the decision is appeal goes against you then construction in the meantime would becomes illegal and liable for demolition.
Devajyoti Barman
(Expert) 20 July 2014
If the decision is appeal goes against you then construction in the meantime would becomes illegal and liable for demolition.
Rajendra K Goyal
(Expert) 20 July 2014
If stay has been granted by the appellate court, construction can not be demolished and if decision goes against, the construction would be illegal. agree with the experts.
Raj Kumar Makkad
(Expert) 20 July 2014
I have also similar opinion as given above.
