Your contention should be they never made application for regularisation although 25 years have passed since consent terms were entered into
Illigal construction demolition
Respected sir i have property in gujarat. 2 shops my grand parents has goven on rent (10×10) shops. Rent 250rs 30 years back. Tenant has illegallly constuct shop to 700sq. Feet. Corporation has given notice to demolish in 1993. Then case went to court and due to some reason case was withdrawn with mutual samadhan that we will accept them as tenant and give them permission for regularlise the construction when ever they come. Till today almost 25 years passed they never came for sign to regularise. I have given application to demolish the illegal construction. Corporation now asking plan and telling that due to law suit of .... u have done samadhan. Now how can i go ahsad to demolish in this case?
Asked 4 years ago in Property Law
Religion: Hindu
11 Answers
But why in the first place you gave the compromise to regularise in court. Anyways you can deby the same and ask the authority to demolish the same being illegal. As it's a illegal construction your consent doesn't matter in the same
In 1993 when corporation has issued a notice to demolish the construction, they went into court. And my father was doing job and feared of court cases so some mediator came and they took signed of this compromise. But till today they never came to regularise the construction and using illegal property. My q is that if i give application to demolish its not contempt of court?? As we have signed to regularise. 2nd this we have city survey letters which suggest only 100sq feet shop. Approved plan we have lost as its 40 years old property. Can we ask approved plan of property under rti? What should we write to corporation if they put courts judgement in between to demolish the things?(i feel some corrupt ppl are there) Can we make corporation letter to demolish the construction a valid proof? If they dont can we go in court?
Asked 4 years ago
Yes you can seek demolition and If not then also go before court
Obtain copy of sanctioned plans from muncipal corporation
2) since no application for regularisation has been made unauthorised construction can be demolished
3) you have not committed contempt of court
You can file eviction suit or increase monthly rent accordingly the rent controller act.
1. Obtain "approved plan" from the "building proposal dept.".
2. Based on above file fresh petition before the local civil court for directions to corporation, for demolition alongwith all previous available documents. Earlier compromise settlement or whatever is now null & void, for all legal purposes.
3. Also request order of eviction against the tenant for breach of tenancy rights because of illegal construction. Engage a proper experienced lawyer for this case. This can be done.
- It means , that when the corporation has issued notice to demolish the illegal construction , then the tenants has filed their case against you and the corporation to stop the demolition, and further during the case the matter was compromised between the parties.
- Further , they were granted opportunity to regularize the said illegal construction , and further the parties of the suit never tried for the same .
- Now, since 25 years already passed , then you should move an application before the Corporation to demolish the said illegal contruction once again , on the ground of failure to regularize the illegal construction.
- Earlier court order was conditional , to the extent to regularize within a particular time , and not for infinity.
- Hence , there will not contempt of the court by moving afresh.
- Yes, you being the owner of the property , can ask for approved plan of the property under RTI.
Since you have a tenant in your premises, you cannot initiate demolition action by yourself.
It would be considered as an illegal act.
Since the Corporation authorities have served you notice in the year 1993 to demolish the illegally constructed structure you may once again approach the corporation with the copy of the said notice and lodge a fresh complaint about demolition of the structure to the extent which is termed as illegal construction.
You can issue a fresh notice to the tenant about this illegality and ask him to vacate the premises for creating problems for you by such illegal construction.
What is your advocate's suggestion on this?
You may first approach the corporation with a complaint narrating the facts and the steps taken by you so far and enclose the documents relating to this circumstances.
What were you doing for all these 25 years.
You cannot approach court also now since it is very badly barred by limitation.
However you seek remedy through local civic body.
The shop constructed must be in accordance with the sanctioned plan if there is no sanctioned plan then complaint to the municipality and if municipality does not take steps move to Honble High Court and file writ petition.
If you the illegal construction to be demolished then you have to file suit in court because the case was withdrawn with mutual consent between both parties during previous suit.
Corporation will not go for demolision because as per them the case was withdrawn from court after negotiations between parties.
