25% OFF on all LCI Courses. Offer valid till 5th Oct. Use Code: DUS25
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Dr Ramesh Yadav   15 August 2022

IPC and punishment for demolishing shop and residencial structure without giving notice

Developer came to develop area under slum redevelopment scheme he suppose to demolish structure after taking concent by doing an agreement and by giving rent or temporary accommodation as transit camp. But developer demolished structure, when it was locked and I was out of station without following due process of law and without giving notice through slum redevelopment authority. Kindly suggest under what ICP and what will be the punishment will be applicable on wrong doers.


Learning

 2 Replies

Swadha   15 August 2022

Section 425 in The Indian Penal Code

425. Mischief.—Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits “mischief”. Explanation 1.—It is not essential to the offence of mischief that the offender should intend to cause loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to cause, wrong­ful loss or damage to any person by injuring any property, wheth­er it belongs to that person or not. Explanation 2.—Mischief may be committed by an act affecting property belonging to the person who commits the act, or to that person and others jointly

Punishment: The section prescribes imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine. Nature of offence: The offence under this Section is cognizable, bailable, compoundable, and triable by Magistrate of the first class.

The Slum Areas (Improvement and Clearance) Act, 1956

Under Section 6A Restriction on buildings, etc., in slum areas.—

(1) The competent authority may, by notification in the Official Gazette, direct that no person shall erect any building in a slum area except with the previous permission in writing of the competent authority.3[6A. Restriction on buildings, etc., in slum areas.—(1) The competent authority may, by notification in the Official Gazette, direct that no person shall erect any building in a slum area except with the previous permission in writing of the competent authority."

(2) Every notification issued under sub-section (1) shall cease to have effect on the expiration of two years from the date thereof except as respects things done or omitted to be done before such cesser.

(3) Every person desiring to obtain the permission referred to in sub-section (1) shall make an application in writing to the competent authority in such form and containing such information in respect of the erection of the building to which the application relates as may be prescribed.

(4) On receipt of such application, the competent authority, after making such inquiry as it considers necessary, shall, by order in writing,—

(a) either grant the permission subject to such terms and conditions, if any, as may be specified in the order; or

(b) refuse to grant such permission: Provided that before making an order refusing such permission, the applicant shall be given a reasonable opportunity to show cause why the permission should not be refused.

(5) Nothing contained in sub-section (1) shall apply to—

(a) any works of improvement required to be executed by a notice under sub-section (1) of section 4 or in pursuance of an undertaking given under sub-section (2) of section 7; or

(b) the erection of any building in any area in respect of which a slum clearance order has been made under section 10.]

1 Like

Dr Ramesh Yadav   21 August 2022

please suggest..
what should I do ? who will help me?
1) Police 2) Judicial Megistrate or 3) Slum redevelopment Authority.

Where I have to reach for complain?

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query