Water tanks are not prohibited on terrace, ask them to show rule which is violated. And agasint any coercive action, you can get stay from court.
Objection from Corporation authority
I am a resident on the 2nd floor, open terrace and my share was nearly 600sq.ft. there was a old leaking tank room damaging roof to great extant, and water dripping below the roof, hence a renovation was carried out, in the plan of erecting safer plastic tank and meet the mandatory obligation of Solar water heater. All construction was completed and erecting of water tank Solar Heater completed more than 9months back, and the room below also under occupation, now BBMP coming coming with demolition notice, giving reason violations and neighbors complaint. Construction area is approximately 250sq.ft, No other construction on roof area 27x46 ft. Please advise what a defense stand I can to prevent harassment from Corporation authority.
Asked 6 years ago in Property Law
Religion: Hindu
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9 Answers
You need permission from BBMP to carry on construction on terrace
2) contact a local lawyer and reply to demolition notice
3) file suit seek stay against demolition
Dear Client
you should have got the Permission from BBMP at time of starting the Renovation.
now the step you should take is contact an advocate an send reply for the notice and also seek the copy of rule under which renovation on roof is prohibited without prior permission from BBMP
Also file a civil suit for Injunction of Stay on demolition notice.
have you taken permission from the corporation before construction?
contact a prominent lawyer (online/offline) and make a reply to the notice of demolition
you can also file a suit seeking stay against the demolition order,
also check through the rules there must be some penalty clause, if it is, pay the penalty and be free
You approach for a stay before court and seek stay in the same. Appoint a lawyer he will take care of everything.
1. Apply for Stay on the Notice and undertake to file proper Application for regularizing the alleged violation and payment of any penalty /fees. Do this, thru a local registered Architect.
Dear Sir,
They cannot do like. You can approach the Civil Court and get injunction. It is not so easy to demolish because there is no violations in the constructions. Share all the documents.
a stay order can be obtained from the competent court ordering government authority to stop demolition. Don’t wait till last hour. Contact a competent advocate in your area to file stay petition.
If you have been served with a notice to show cause why demolition should not be done for changing the structures, you may take the help of an advocate and with the assistance of an architect you may give a reply and state that there was no deviation in the approved plan except for erecting, let them inspect and decide further course of action on it.
