• Unauthorized building in awas vikas

Sir/man,
 We have constructed building in awas vikas residential society and is been used for commercial..We wanted compounding of it but it was not possible..Now we get a notice from awas vikas to demolish it ..we send a reply that we are ready for compounding but the answer was rejected from there...we get another notice that the cooperation will demolish it in a week...what we can do to get a stay order from high court
Asked 4 years ago in Property Law
Religion: Hindu

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20 Answers

Hi,it is advisable to approach civil district court instead of high court and file a civil suit for permanent and temporary injunction in order to obtain stay order against the municipal  co-operation 

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Unauthorised construction can be demolished by authorities 

 

you can file suit seek stay of demolition but chances of success are bleak 

Ajay Sethi
Advocate, Mumbai
94848 Answers
7567 Consultations

5.0 on 5.0

Your application for regularisation has been rejected by muncipal corporation 

 

2) you have carried out construction without building  plans being sanctioned by muncipal corporation 

 

3) hence chances of stay are bleak 

Ajay Sethi
Advocate, Mumbai
94848 Answers
7567 Consultations

5.0 on 5.0

See if compounding request is denied the appropriate authority can pass an order and can order for the demolition. You can approach high court against there order you might get relief there.

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

File writ before high court they may settle for compounding or high court may pass appropriate order.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

See you can contact local high.court advocate with copy of notice and he can draft and file petition for same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

- Since your applicatoin has been rejected , hence there is no chances for compounding .

- You should file a petition before the High Court on the ground of delaying sanctions responnse from Awas Vikas , and the lossess incurred by the tenants , and also on the ground of sympathy.

- Further, as per Supreme Court , granting temporary injunctions against the demolition of unauthorized constructions on the grounds of sympathy and hardship would amount to illegality.

Mohammed Shahzad
Advocate, Delhi
13295 Answers
198 Consultations

5.0 on 5.0

Approach the Allahabad High Court, and seek a stay upon the demolition notice in light of your application in which you have shown willingness for compounding to be done. 

File an Urgent Petition as the High Court is soon going for Dussehra vacations  and press for stay. 

Vibhanshu Srivastava
Advocate, Lucknow
9613 Answers
303 Consultations

5.0 on 5.0

Compounding is permissible, under the provisions of U.P. Avas Evam Vikash Parishad Adhiniyam, 196

Vibhanshu Srivastava
Advocate, Lucknow
9613 Answers
303 Consultations

5.0 on 5.0

Building cannot be demolished but only can be seized due to commercial use in residential area. Demolition  proposed where construction is illegal. Stop the commercial use.

Get stay from civil court .

Yogendra Singh Rajawat
Advocate, Jaipur
22664 Answers
31 Consultations

4.4 on 5.0

If you have strong grounds, facts and evidences, 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.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can take a stay order ( Mandatory injunction and ad-interim injunction) against the intended demolition from the jurisdictional civil court where the property is situated. You can also file a writ petition in high court seeking explanation from the government on what basis they are trying to demolish your building and a direction to the government to stall the demolition proceedings till the writ petition disposes off.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

First take a stay from court and then do follow ups if needed

Prashant Nayak
Advocate, Mumbai
31979 Answers
182 Consultations

4.1 on 5.0

You should file a suit for Temporary injunction in civil court of your district for stay on demolision of building.

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Yes if the city development authority has rejected your proposal then a writ petition should be filed in the high court.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

You should put forward these reasons of compelling public interest so that an interim stay may be granted and a way may be worked out.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

They may consider your case depending upon how much have you altered your building.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

you can file a writ petition before high court seeking stay of the orders of the corporation.

let the case go on for sometime, you can make alternate arrangements by then.

Unauthorised building is always liable to be demolished, hence better think of alternate arrangements.

 

 

T Kalaiselvan
Advocate, Vellore
85049 Answers
2212 Consultations

5.0 on 5.0

There are chances for everything, since they are the authorities.

 

T Kalaiselvan
Advocate, Vellore
85049 Answers
2212 Consultations

5.0 on 5.0

You can file a writ petition before high court against the proposed action of demolishing your building by the authorities concerned.

You may discuss with your advocate and decide about further course of action on this.

 

T Kalaiselvan
Advocate, Vellore
85049 Answers
2212 Consultations

5.0 on 5.0

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