Legal Question in Civil Rights Law in India

Shop demolished by Municipality

Municipality gave an alternate street land to us on monthly rent for construction of cabin as per the decree (Compromise) passed in civil court. After 20 yrs Municipality demolished this cabin after giving a notice saying that the cabin falls within 60� width of the road of the sanctioned Town Planning Scheme. Municipality then offered an alternate shop (not land) on payment of Rs. One lac plus monthly rent (200 times higher then the previous rent) with area half the original occupied area hence we refused to accept the offer. Now we have come to know that the road was of 50� width instead of 60� in T.P. Scheme. But since our cabin was built on street land & since we were not the owners & since it was a street land no plot was assigned at the place where our cabin was constructed. Now is it advisable to approach the high court/civil court to pray to allot us rest of 10 feet of the available land for construction of the cabin based on the decree granted earlier by the civil court which entitles us to carry on the business at the said land or for an alternate plot of land (and not shop) ?. Has Municipality not cheated us by compromising in Civil Court to give the plot permanently on rent and the snatching away through T P Scheme?


Asked on 11/03/04, 12:31 am

3 Answers from Attorneys
Vivek Mapara Mapara Law Firm

Re: Shop demolished by Municipality

Sir,

As per your information, i would advice you to file a writ petition before the Hight Court, seeking appropriate directions, in to the matter.

Guidelines: TP cutting is a statutory right and statutory obligation of the Municipality for the better structure of city. But for this the municipality either have to avail of an alternative site with the similiar title and ownership or to compensate you for that part and parcel of the land.

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Answered on 11/03/04, 2:10 pm
Bharat Bhushan Sharma

Re: Shop demolished by Municipality

On the basis of consented decree (By compromise) you were allotted alternate street land on monthly rent basis. After 20 years of the allotment of this land, your cabin was demolished after giving notice and a stand was taken therein that as per the new Town Planning Scheme, road of the street is required to be widen upto 60� and your cabin comes within the 60� width and in the interest of public your cabin is required to be demolished and alternate shop was offered you which you refused. Now you came to know that the as per the Town Planning Scheme, the width of the road/street is 50�. Therefore the stand the Municipality taken in the notice is vitiated and you can claim the cabin on the remaining 10� or damages from the Municipality by filing the suit in the civil court.

Yours sincerely

B.B. Sharma

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Answered on 11/28/04, 4:06 am
D. M. Bhalla D.M LAW CHAMBER

Re: Shop demolished by Municipality

The terms and condidtions of the agreemnet needs to be looked into for proper advice. Hence, i dont feel to give any advice right now, without looking into the documents.

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Answered on 11/03/04, 3:05 am


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