• BMC illegally based on a false complain by neighbor carried out eviction work

Demolish part of boundary wall without notice to extend the private road over which.BMC makes road previously.Now neighbor try to extend the road further illegally occupying my land.
i want to file a civil suit against BMC as all my representation not yet answered by Commissioner BMC. 
All document pertaining to road and my land and details eviction available.
kindly intimate cost of civil suit/legal notice etc .
Debi Prasad Mohanty .
Asked 5 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

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14 Answers

1. Since civil suit takes time and BMC is a public authority file a writ petition seeking removal of its encroachment from your land.

2. As the papers regarding your land is clean and clear the BMC should not defend its actions in court if it used your private land for public purposes without acquiring the land by the state govt and then requisitioned this for this purpose.

3. However of the actions of your neighbour is subsequent to the encroachment of BMC then you will have to file separate civil suit against your neighbour.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

It varies with every advocate.

Contact me in private to know the costs.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

Legal fees vary depending upon the lawyer engagedby you

2) you can avail feature drafting of legal notice by making payment online on the website

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

You can issue legal notice to neighbour and claim damages for maligning your reputation

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

Legal fees for filing writ depend upon lawyer engaged by you

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

BMC ought to have given you notice before any sort of demolition.

Demolition without any notice is illegally.

You are aggrieved primarily against your neighbour or BMC?

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Yes, there is no problem in issuing a legal notice to your neighbour.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

The procedure to file a writ in any High Court is very simple. Firstly draft a petition in accordance with the rules of the High Court concerned. The Petition has to be accompanied by the relevant annexures, as also the certified copy of the order/endorsement etc., that needs to be set aside. The court fees to file a Writ Petition in the High Court Rs. 100/-. If the matter is pertaining to a single bench, have the Petition prepared in single set. If the matter pertains to division bench, have two sets prepared. Prepare a brief synopsis of the case. If the matter involves Government as a Respondent (Central or State), an advance copy of the Petition has to be served, and an acknowledgment has to be taken on the presentation forms of your petition. The above steps are illustrative and not exhaustive. After you file the Petition, you will have office objections to deal with. Only when you comply with the said objections, will your matter be sent before court for admission. Always remember to have an office copy/personal copy prepared identical to the court copy, to argue the matter in court.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. Writ Petition is not the remedy in your case as the wall has already been demolished.

2. A civil suit for recovery of damages against the BMC and permanent injunction against the neighbour is the appropriate remedy in the given facts and circumstances.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If you want to file a suit against BMC, then you may have to contact a local advocate who will inform you the court fee, advocate fee etc.

The fee and other costs are local subject,m which may be enquired locally.

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

Can i simultaneously issue notice to my neighbor for defamation and claim damage (loss already done along with mental agony) for such false grievance against me in BMC .

If you have ingredients to file defamation case then you can go ahead, but this act of neighbor may not attract the provisions of defamation law.

He has made a complaint and the authorities have taken action as per law, if you are aggrieved by the acts of BMC, then you may have to file a suit or take action against them only and not against the neighbor.

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

cost of filing writ petition ?

There is no fixed fee for advocates, it depends on the advocate who you would like to engage, hence it may enquired from the advocate

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

Instead of filing a civil suit you must file a writ petition against the arbitrary action

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

it will cost your around 50-60k

rest depends on the lawyer you engage

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

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