Notice period before demolishing illegal construction
In my town Bangermau, District Unnao (Uttar Pradesh), on Nanamau Road, all houses and shops have been built few meters beyond their limits and hence they are very close to the main road. On January 6, 2015, there was a sudden order to demolish all such constructions to make way for new broader road construction, without any prior notice. All houses and shops were immediately demolished, leading to loss of lakhs of rupees and property.
My question is: Does not the rule provide for any notice period which can be used by the residents to prepare for such actions.
Asked 4 years ago in Property Law from Unnao, Uttar Pradesh
1) there must be muncipal corporation act applicable in your city .
2)if any unauthorised construction has taken place notice is issued to encroach er as to why illegal construction should not be demolished .
3) opportunity is given to shop owner/ residents to file their reply
4) only then reasoned order is passed .
5) option is available for residents/ shop owners to move court and obtain stay against demolition .
6) you can issue legal notice to muncipal corporation and claim damages for loss caused to property .
7) file suit for damages
1. Before demolishing any unauthorized construction a show cause notice is issued to the owner of the building to afford him an opportunity of showing that his construction is not illegal. An exception to this is when a court of law directs the demolition of a building.
2. Furthermore, the notice by the municipal corporation also gives to the affected person the opportunity and time to obtain a stay order from the court.
3. Now that the properties have been demolished the only legal recourse which may be adopted is to move to court against the corporation and seek damages for the loss occasioned due to the demolition.
A construction which is legal or illegal to be demolished only by issuing notice to the builders is a normal course of law. The sudden order to demolish all such constructions to make way for new broader road construction, without any prior notice is a illegal one and not sustainable in the eye of law.
Solution : File a damage suit against the authority who demolish the construction
It is mandatory that local authorities have to intimate the residents or occupants and issue a notice before demolition.
If a prior notice has not been issued to you by the municipal authorities , you have a legal remedy.
1. Send a legal notice asking for damages, this will bring a clarity whether they have sent a notice and you missed it or on what base they have initiated a action causing you such loss.
2. File a civil suit against the action and for damages against the .
1. The municipalities actions are not justifiable in the absence of a notice.The authorities should have notified you under and the U.P municipalities act and "The uttar pradesh (REGULATIONS OF BUILDING OPERATIONS) ACT, 1958' , Since you have not received a notice they have violated the mandatory requirements of sending a notice, so demand notice to be sent to the authorities concerned and ask for damages.
2. you should approach a civil court with a suit for damages .
Apparently, the demolition was carried out under orders from state CM who happened to pass through this road a day before and was stuck in traffic jam. He sent out a full police force the next day to handle any opposition from the residents. I want to file an RTI regarding the same to know why the notice was not given and under what rules was the demolition carried out. Do you think it will help? If yes, against which department and public authority should I file it?
Asked 4 years ago
1) you have to file it with muncipal corporation in your city
2) raise query on whose orders were demolition carried out ?
3) whether notice issued to all shop owners / residents?
4) it will help you in claiming damages
1. RTI may be helpful to find out as to on whose orders the demolition drive was carried out and why a notice did not precede the demolition.
2. Depending on the reply received from the municipal corporation you can plan your next course of action.
RTI in this case is to be filed to the Municipal Corporation.
1) Certainly a petition under RTI would help as this would clarify a few pertinent questions concerning the arbitrary demolition of the buildings.
2) The petition will help in finding out under whose instructions or orders the demolition was carried out and what prompted the waiving of notice
3) Despite the fact that the order came from the chief minister's if it did the mandatory notice can not be dispensed with. No one is above the law, not even the king.
4) The petition must be filed in the local Municipal Corporation as the order gets executed through the local body and they are bound to provide you with information. As there is violation of the procedure and there is financial loss involved , the owners of the building are entitled to seek compensation albeit the buildings were illegally extended.
A show cause notice issued to the owner of the building is the normal course of legal procedure adopted the local authorities. Whether it is an unauthorized or authorized, legal or illegal construction is the second thing.
Sudden order to demolish without any of the prior notice is illegal one and that can not be sustainable in the eye of law.
Solution: File a damage suit against the authority who demolish the construction and CM can also make a party to the suit if necessary
A. According to sources of the SC and HC citations: Notice under Section 10 of the U. P. (Regulation of Building Operations) Act, 1958 and UP urban and Section 43 of the Urban Planning and Development Act 1973 is mandatory while demolishing the unauthorized buildings.
B. You can file an FIR against the Municipality for demolishing an illegal construction without serving prior notice.
C. The Development Authority had to issue notices under Sections 27/28 of the Act 1973 and ask to stop the construction work at the time of construction and should called upon to show cause before the appropriate authority in respect of unauthorized construction.
D. You can get RTI assistance to know the exact status in your case and contact local advocate to file PIL before the Allahabad High Court.
1. Normally order is passed by the Municipal Corporation for such demolition and notice is served to enable the illegal occupants to shift his belongings to safer place,
2. After getting such notice, the occupants get the opportunity to move before Higher Court for remedy,
3. File a damage suit claiming damage for the loss caused to you.
1. I think that you need not waste time to know who ordered the said demolition for nwhich no notice was given,
2. Issuing demolition order is not illegal but it is illegal to conduct demolition without issuing notices to the occupant,
3. Atleast you are aware that there has been no demolition notice served upon you,
4. File a damage suit for the said demolition carried out illegally without serving any notice upon you.
if that land is acquired by the government then it is compulsory for the DM to give 90 days of notice before demolishing the property after giving compensation. you can challenge it in the high court. if you have made their house on the government property then it is just for the government to demolish the building after giving 15 days notice either by general notice or specific notice. in your case it is deemed that construction was not made on government property so you can file writ petition in the high court of lucknow bench and get appropriate order.