Things to do When Given a Demolition Notice
Apr 08, 2019 Real Estate News
Lately, a lot of unauthorised properties are being demolished by the government. But before these properties can be demolished, the local municipal body does a thorough check on the same, does proper research on the reason for demolition. They give the notice to the property owner beforehand and inform them about the date when the demolition will take place, which gives them time to leave the property and move to a safer space.
But it is not as easy as it sounds. We discuss what one can do if served a demolition notice:
If you have been served a demolition notice, then you can seek the reason for the same. According to the Delhi Development Authority (DDA), they can serve you the notice for demolition under Section 12, if the construction of the property is not carried out according to the approved plan. Either the authority can ask you to demolish the property, or they can carry out the task by themselves, either way, the cost of the demolishing is carried out by the property owner.
But keeping the grounds of sympathy, the Supreme Court has ruled a temporary injunction should not be denied as they will amount it increase in illegalities. The property owners are given the order, beforehand so they can move out of the property with their belongings. The property owner can challenge the decision in the court.
One can also file a written petition in the court seeking the explanation on why the authority has decided to demolish the property. In case of expense recovery, one needs solid proof of the expenses incurred. You can then file the money recovery suit and recover the amount. One will also have to pay the court fees for the same.
But it is not as easy as it sounds. We discuss what one can do if served a demolition notice:
Necessary preconditions for demolition
Before the authority can start with the demolition process, specific necessary permissions need to be taken. A lot of documentation is involved in the process of seeking permission for demolition including the permission to disconnect the supplies of electricity and water. The authority then understands the material used to construct the building and the best method to approach the demolition. They can either use explosion or can use high arm JCBs and cranes for the same.If you have been served a demolition notice, then you can seek the reason for the same. According to the Delhi Development Authority (DDA), they can serve you the notice for demolition under Section 12, if the construction of the property is not carried out according to the approved plan. Either the authority can ask you to demolish the property, or they can carry out the task by themselves, either way, the cost of the demolishing is carried out by the property owner.
Appealing against the demolition notice
One can always knock the door of the court and appeal against the demolition of the property. The Appellate Tribunal constituted under the Delhi Municipal Corporation Act, 1957, will decide on the appeals that fall under the Section 31C, Section 347A and Section 347C.But keeping the grounds of sympathy, the Supreme Court has ruled a temporary injunction should not be denied as they will amount it increase in illegalities. The property owners are given the order, beforehand so they can move out of the property with their belongings. The property owner can challenge the decision in the court.
Obtaining a stay order
The court will only grant the stay order for the demolition if it seems that the rights of the occupants are threatened. If the property owners have a strong ground to challenge the demolition, then they must obtain the stay order immediately. There is no reason to wait until the end.One can also file a written petition in the court seeking the explanation on why the authority has decided to demolish the property. In case of expense recovery, one needs solid proof of the expenses incurred. You can then file the money recovery suit and recover the amount. One will also have to pay the court fees for the same.
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