Legal Question in Construction Law in India

Sir,

I am residing in Bhubaneswar,Orissa and my question is regarding construction laws.

I reside in my own house which I have bought from the AWHO(Army Welfare Housing Organisation) while in service.

My residence is a two storey apartment and I reside in the first floor.Recently I have done a construction on my terrace and converted it into a room.The terrace is part of my house and it also shows in the house plan.Since the access given for this terrace was a very narrow I have also got this access extended and converted it into the another room. A complaint has been lodged at ODA/BDA(Orissa development authority/Bhubeneswar development authority)by our neighbours(owners of ground floor) against this construction,and we have recived a "show cause" notice by ODA/BDA, which we have to give on 08/08/2011.

Status of my construction is:

* roof has been put and only the finishing work remains

Point to be noted:

* At no point the construction is touching the ground floor or any area around it.It is entirely limited to the 1st floor.

* The construction is not blocking any access to anyone as the terrace is my private area also showing in the house plan.

My queries:

1. In a case like this can the construction be removed/demolished by the authorities?

2. What is a appropriate way to answer the show cause notice?

3. Can we carry on finishing work till the date of show cause notice?

4. The show cause notice also states a copy has been forwarded the concerned police station?

5. Can police come and stop our work?

6. The show cause notice had been delivered to our house but to our neighbours house and the address written on it is not our's but of our neighbours(who have filed the complaint),we have doubt on the authencity of this letter so what must we do to authenticate it?

7. Since the show cause notice has not been delivered to us and even the address is wrongly written,should we consider it or discard it?

8. What is the outcome in a case like this?

9. Will lawguru provide legal assistance(recommend a lawyer) in bhubaneswar if the need arises?

I would like to make use of your paid services based to the guidence that I recive for the above mentioned queries.

Regards,

Sanjog Rout

1 Answer from Attorneys

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