Guidance
UMMkalantar
(Querist) 06 June 2013
This query is : Resolved
Dear Sirs
Demolition and reconstruction work at Demolition stage was (About 40 per cent to be completed) was unlawfully stopped by neighbor and blocking workforce. A Police complaint was given. No action. Direction from High Court is awaited. Due to site condition, demolition to be completed urgently. 6 months since start of demolition.
What we have to do?
Raj Kumar Makkad
(Expert) 06 June 2013
Why did you directly approached high court instead of local civil court for this purpose?
Anyway, file an take up application being most urgent matter.
UMMkalantar
(Querist) 06 June 2013
Sir
Thanks
Already in Madras High Court. Advocate Commission has given report. We are demolishing only our property,and neighbor is blocking according to advocate commission. Only 40 percent work is pending. Our request and guidance is whether we can work informing police without waiting High Court Order.
Thanks
Raj Kumar Makkad
(Expert) 06 June 2013
As there is no stay order from the side of the high court against you then you are free to demolish your own property without permission of your neighbour.
UMMkalantar
(Querist) 08 June 2013
: Thanks
Sir Thanks Proper order for demolition & reconstruction from Municipal Corporation is got. Injunction suit is pending in the City Civil Court, Neighbor has impleaded in the High Court & Advocate Commission given report in our favour. High Court direction is awaited.Further, no stay from any courts for demolition. In such a situation, without court order, if we start work, is there any chance, the neighbor can get a “Stay Order” in the Court? Your guidance is requested. JEENATH
UMMkalantar
(Querist) 14 November 2013
Dear Expert
High Court Order was issued on November to investigate based on our FIR, ours is counter FIR. Police is not taking any action. Still neighbour is asking for common pathway rights. Fresh Patta is received in which our common passage area is included in our patta (Extract from Land Record). Land area 675 sqft and common passage is 150 sqft. Our area is 825 sqft in Patta but building allowed is only 675 sqft. We are going to complete demolition of remaining one floor and start reconstruction. What precaution we should take?. No stay in the Court. Original Suit in the City Civil Court interim order for not interfering withour work is awaited shortly.
Thanks in Advance.
UMMkalantar
(Querist) 14 November 2013
Dear Expert
Your Guidance to the above query is eagerly awaited.
Thanks in Advance.
