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Shekhar Narula (Partner)     30 November 2014

Can a tenant file a writ against demolition order

Respected Members,

I am the Landlord of a property whereby the property has been ordered by the local development authority for demolition reasoning to unauthorised construction. I have tenants over the said property in question (unauthorised construction). 

My question is, can these tenants file a write petition before the concerned High Court against the said demolition order passed in the name of the Landlord ?

Just for your reference I don't intend to file a writ.

I request the honourable members to give their valuable legal inputs.

Regards,

Shekhar



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 2 Replies

Hardeep (Business)     30 November 2014

A tenant is an interested party and can file a writ if he has sufficient grounds. In your case however the construction to begin with is unauthorized and so will be the tenancy. So writ will not hold.

Adv Ajit (advocate)     30 November 2014

i think you have to apply for injunction againstthe said order before civil court


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