Dear experts
When a person got permission to construct a house from the city muncipality and started construction and all of a sudden basing on the false complaint, without any notice, muncipality can demolish the permitted constructions without any enquiry?
Is it not the crossing the natural justuce by the municipality by the influence of political pressure?
Kindly advice, if it is convenient for you experts?
Thanq.
Every city or town is governed by a municipal corporation Act. Before razing any unauthorized construction, a show-cause notice has to be issued to the owner of the building stating that why the illegal building or portion should not be demolished. Supreme court in a case stated- The Commissioner/Competent Authority shall issue a show cause notice giving 7 days in terms of Section 351 of Mumbai Municipal Corporation Act to the owner/occupier/builder/contractor etc. In case the notice is not replied to within the time prescribed, i.e., 7 days, then the building shall be immediately demolished by the Municipal Corporation.
- The erring party is given sufficient time to reply to the civic body authorities.
- The owner also has the option to move court and obtain stay order.
- There is no respite for the owner if the court has ordered the demolition of the said construction.
- But before the matter reaches the court, protocol says that MC authorities must inform the erring owner.
- If they fail to inform you can issue a legal notice to the municipal corporation and claim damages.
- You can also file a suit for damages.
- Alternatively, you can also file an RTI (right to information) plea to ascertain on whose orders the said portion was razed and what prompted the waiving of notice.
- As there is a violation of the procedure and financial loss, the owner of the building is entitled to seek compensation albeit the building was illegally extended.
Hope this helps
Regards
