What is the legal action against the illegal construction?


Pan-India constructions or building laws are not governed through one law.

It varies from state to state because land and its construction activities are State subject.

If you want to construct any residential or commercial building and even any major improvement in your property you have to seek permission/sanction from relevant local authorities.

Any construction or renovation activities without approval from the local authority are considered unauthorized constructions.

A demolition permit is a legal document that provides you with the right to demolish any structure that requires a building permit to construct.

But just because a building permit was not acquired before construction does not mean you donÕt need a demolition permit.

If the structure was improperly built without obtaining a permit, you still have to get a permit to demolish it.

The ÒIllegalÓ states that the word ÒillegalÓ is applicable to everything which is an offence or which is prohibited by law, or which furnishes ground for a civil action; and a person is said to be Òlegally bound to doÓ whatever it is illegal in him to omit.

If your property is to undergo a demolition, check whether the authority has these permissions in place.

For instance, in the national capital, the Delhi Development Authority (DDA) can serve a notice for demolition of a construction.

Reference: Section 43 in The Indian Penal Code, 1860; Section 12 of the Delhi Development Act, 1957



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