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UMMkalantar (Querist) 14 November 2013 This query is : Resolved
A property measuring 18 x 100 feet with common passage of 4 x 100 feet serves three neighbors. The front portion measuring 371/2 x 18 feet (675 sq ft), with the right to use common passage was purchased by me in Chennai on 2012 and proper permission for demolition and reconstruction for three floors got it from the Corporation. Demolition work commenced in October 2012. Up to December 2012, two floors demolished. The neighbor is unlawfully blocking demolition works and stopping works. We are not from Chennai. The neighbor is asking common passage rights released in his favor. Police complaint was given in December 2012. No proper action was taken. We have approached Madras High Court and High Court appointed an Advocate Commission. With the help of Thasildar, boundaries are defined and advocate commission reported that we have not demolished any of neighbor’s property and demolition work can be done with the help of police protection only. Meanwhile High Court has given order to the effect that based on our CSR investigation has to be done, ours is counter complaint. No action has done by police so far. My Principal has returned from abroad to complete this assignment. Original emergency Suit is pending in the City Civil court. Interim Order is awaited.
My question is:
1. Can we start our demolition after informing police department? No stay from any side. Now only we have owner in India.
2. We have received a Patta which was issued fresh in May 2013 by the Thasildar; in that Extract of land registry, building permitted is 675 sqft and land area assigned to us in the Patta was 825 sqft which includes common passage of 38 x 4 feet. We have also entry approach from 30 feet main road. Our old building main entry is from the common passage.
3. What legal precaution we should take before commencing our pending demolition?

Thanks experts in advance

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M.Sheik Mohammed Ali (Expert) 14 November 2013
you give information to police officials then you continue your work

you should submit at court, the court will consider your part.

UMMkalantar (Querist) 14 November 2013
Thanks Expert.
My understanding is that we will give letter to Police officials and commence our
demolition works. That information we will submit to the Hon'ble Court.
Regards