We suggest you should first write a representation to the local authority thereby asking them take action. If the local authorities fail, then you can file a writ petition before the court thereby seeking direction for demolishing of unauthorized construction.
Illegal property construction
Hello I have a property in bhiwandi mahanagarpalika ( Thane ) I have the ownership of the ground floor which was constructed in 1995 The landlord constructed 3 more floors in 2015 without my permission on the latter and it is also very ill quality construction I fear the building might collapse anytime and cause damage to human life and my property What are my legal rights to sue the landlord and get illegal construction demolished
Asked 5 years ago in Property Law
Religion: Muslim
9 Answers
File a complaint with the muncipal corporation for illegal construction and weak quality seeking demolition of same.
You can file a complaint to the civic authority ad mentioned
Complain to muncipal corporation against the unauthorised construction carried out by landlord
2) file RTI application as to what action has been taken on your complaint
3) if no action taken file writ in HC for demolition of unauthorised construction
1. You ought to have filed a suit for injunction when the landlord was constructing the upper floors.
2. Now that the building has been constructed it cannot be ordered to be demolished by the court only on the ground that construction is ill quality.
3. You can at the most file a complaint to the civil authorities and ask them to conduct a structural examination of the building.
This is my response to you:
1. Send a legal notice first and foremost;
2. Attach photographs and the concerns that you wish to raise;
3. If he does not listen to you then approach the civil court;
4. Consult a local lawyer and take steps.
Complaint to municipality about poor structure and constant threat of collapse and to life. If no action, can also complaint to police. Last remwdy , demolition by court order.
First of all you should know that the owner of land doesnt require NOC from one floor onwer for construction of new floors. So you cannot challenge his construction on basis of NOC.
But you can file a civil suit against the landlord for using poor quality material for construction and putting your life in danger in which you pray for testing of the building structure and material and of found suspicious then order for demolision of the floors.
If the landlord has illegally constructed additional floors then you may give a written complaint to the local civic body about it and request for proper legal action on it.
You may even have an assessment report by any architect about the condition of the building including quality of construction which is endangering the human life, send the report along with your complaint.
If there is no proper response of action by the authorities concerned then you may decide about legal action on it.
