Demolition of shop
visharad
(Querist) 12 January 2013
This query is : Resolved
hi,
I am a businessman having shop which was auctioned in 1976 by the Municipality and my father has taken on rent after paying some initial amount and after then monthly rent got started. This shop is actually in the market constructed by the Municipality and all around 40 shops are there which is auctioned by the Municipality.
There are few shops which is really encroached by the influencial people.They have no paper and not gives the rent.When demolation is happening they are arguing that if there shops are ill legal the whole market is ill legal.
Is my Shop/market is ill legal?
During the encroachment cleaning drive running in Uttar Pradesh.
Is any Municipal owned property can be removed during this cleaning driveAs demolation people says it is supreme court order?
I want to know what kind of order it is?
Can they remove any construction saying it as ill legal. If not what is procedure?
Thanks in Advance for your valuable suggestions.
Regards,
Bitto
Devajyoti Barman
(Expert) 12 January 2013
If you have valid paper to show your legal ownership then your shop would not be demolished.
You may go to the high court as pre emptive measure to issue writ to Municipality not to touch your shop.
R.K Nanda
(Expert) 12 January 2013
agree with expert Barman.
Raj Kumar Makkad
(Expert) 12 January 2013
If you are paying monthly rent to the municipality under the Rent deed then you can obtain stay order against the demotion efforts against your shop from the local court of Rent Controller but if your possession is also illegal like others then you or any other illegal encroacher cannot obtain stay order even from high court.
Sudhir Kumar, Advocate
(Expert) 13 January 2013
Your questions are as under :-
Is my Shop/market is ill legal?
Ans : This forum cannot reply in absence of any paper. Contact local layer.
During the encroachment cleaning drive running in Uttar Pradesh.
Is any Municipal owned property can be removed during this cleaning drive. As demolition people says it is supreme court order? I want to know what kind of order it is?
Ans : This forum is no encyclopedia of all orders of Apex Court. Get copy (or atleast reference of the order from municipality. Use RTI if needed. Get a copy of order from net or Supreme Court registry, if not provided under RTI.
Can they remove any construction saying it as ill legal. If not what is procedure?
Ans : If it is illegal they can remove after following prescribed procedure.
