Legal Question in Construction Law in India

Municipal laws against illegal constructions

Sir,

I own a house under Kamarhatty Municipality, Dist, 24 Parganas, W.B. Adjoing to my house, is was a kachha house, owned by a lady. In the year 1999, her sons started reconstruction covering their entire holding with brick and mortar walls with TALI roofings. The matter was reported to Municipality repeatedly. But no action has been taken to stop the construction or demolish the constructions.

I want to know whether such constructions can take place without availing of valid municipal plan; how the Municipality can be moved to take the necessary actions for demolishing the same.

If there is any other forum to take the Municipal Authority for such inactions, avioding long legal course.,

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Asked on 3/02/07, 7:59 am

1 Answer from Attorneys
M.P. SANJAY M.P. SANJAY M/s. Sanjay

Re: Municipal laws against illegal constructions

As you said in your question adjoining to your house your neighbours sons started construction in 1999. You could have taken action in 1999 itself or if construction is still continuing than you have to give a complaint to municipal authority or if municipal authority not taking any action on illegal construction then you can apporach the court of law to obtain a permenant stay by filing civil suit.

there is a limitation you could have taken action with in that limitation only now you cannot take any action if it is already constructed.

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Answered on 3/04/07, 3:09 am


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