Can Demolition of property happen without prior notice.?

Response

The Hon’ble Supreme Court has held that before demolishing any illegal structure, prior notice has to be served to the owner of the illegal property by the municipal authorities. Demolition of unauthorised properties are studied and then planned, with the property owner being notified beforehand with the reason, and date of demolition.

The owners are sent demolition notice to ensure that all the occupants of such a property are informed and made to leave before the set demolition date. . Furthermore, the notice by the municipal corporation also gives to the affected person the opportunity and time to obtain a stay order from the court. Now the properties have been demolished, so you cant do much about the notice, the course of action available with you is to file a case against the corporation in the court. You can demand damages from the corporation due to the damage caused to you by the corporations act of demolition.

The sudden order to demolish all such constructions to make way for new broader road construction, without any prior notice is a illegal one and not sustainable in the eye of law. You can send a legal notice to the municipal corporation demanding the payment of damages. If they do not respond then file a civil case against the concerned authorities

Reference: The Uttar Pradesh Municipal Corporation Act, 1959 and Municipal Corporation of Greater Mumbai v. Sunbeam High Tech Developers Pvt. Ltd.

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