How to get stay on demolition of encroachment
I have a shop which has been partly marked for demolition. It was stated that the part of shop comes under encroachment.
1. It is shop on 60ft wide road and my friend has left 11ft from the edge of the road
2. The shop is wrongly marked for encroachment
3. People from Municipal corporation have given a verbal notification to remove the part of the shop. The part of the shop has been marked with red cross.
I need an URGENT ADVICE on how can I get stay on this demolition? The road edge boundaries are obscure and there is no easy way to find fixed point from where the measurements could be drawn.
Asked 2 years ago in Civil Law from Nashik, Maharashtra
1) muncipal corporation will issue you notice to show cause as to why part of shop enroaching on main road should not be demolished .
2) you have to submit your reply to notice .
3)if not satisfied with your reply corporation will issue order for demolition .
4) you will have to move court if you want stay .
5)you have to satisfy court that no encroachment has been done on public road . that shop has been constructed as per building plans sanctioned by corporation
1. You are expected to get a notice for demolition issued by the Municipality,
2. In the above case you can file a Writ Petition praying for a stay order for the said demolition if you have acceptable ground to prove that the municipality has issued erroneous demolition notice on you,
3. In some rare cases, it has been found that Municipality starts demolishing without giving any notice & in such case lodge a police complaint about the threat given by municipality for the said demolition and file the W.P. based on your police complaint making the Municipality a party.
1. You will be issued a written notice to show cause against demolition. The time granted for reply to the notice may be as minuscule as 3 days, after which the corporation will be free to start the demolition drive if your reply is not satisfactory. You will have to rush to court to apply for a stay order in the interregnum period.
2. The court will issue a stay order against the demolition if you are able to satisfy it that encroachment has not been done and that the construction has been done in accordance with the sanctioned building plans.
If there is no written notice issued as regards show cause against demolition then the demolition cannot proceed. you can make a representation before the municipal commissioner stating that the property has been marked wrongly as encroachment.
Meanwhile, it is advisable to file an injunction suit against the municipal corporation in the court whereby the court can issue exparte stay against the demolition on being satisfied prima facie that the property has been marked wrongly and that the encroachment has not been done by your friend.
file a injunction suit before civil court against the notice if MCD issued any notice to you for the reason as mentioned above. and pray for injunction till the final disposal of the case.
fight the case on merit and try to prove your ownership/title over the property.
contact a lawyer personally with all the documents, it will be better to get best advice.
Advocate, New Delhi
you should move to the court for temporary injunction. you should place all record before the court and take injunction order. if order was given orally then place some person as the witness of fact. after taking that order you should file appeal before municipal commissioner for physical investigation of the site or revocation of order.