What Does The Law Say About Demolition Of Illegal Residential Units

Manohar Gumber bought a 250-sq-yards plot at an upcoming locality in Jalandhar, Punjab. He constructed the house with his retirement money. One fine day, municipal corporation officials turned up out of the blue and razed a portion of his house, terming it an illegal construction. Fazed, Gumber took his lawyer to the MC office, where he was told that he had violated building byelaws. But, his lawyer told him to file a suit for damages as the civic body erred in demolishing a part of the house without giving any prior notice.

With large-scale construction activities going on in big cities where space is at a premium, people often encroach upon government land to increase their carpet area. Encroaching upon the public land is illegal, but there are certain procedures that have to be followed in even doing the right thing.

In Gumber's case, the civic body erred in the following manner.

• Every city or town is governed by a municipal corporation Act. Before razing any unauthorised construction, a show-cause notice has to be issued to the owner of the building stating that why the illegal building or portion should not be demolished. 

• The erring party is given sufficient time to reply to the civic body authorities.

• The owner also has the option to move court and obtain stay order. 

• There is no respite for the owner if the court has ordered the demolition of the said construction. 

• But before the matter reaches the court, protocol says that MC authorities must inform the erring owner. 

• If they fail to inform, as in Gumber's case, you can issue a legal notice to the municipal corporation and claim damages. 

• You can also file a suit for damages. 

• Alternatively, you can also file an RTI (right to information) plea to ascertain on whose orders the said portion was razed and what prompted the waiving of notice. 

• As there is violation of the procedure and financial loss, the owner of the building is entitled to seek compensation albeit the building was illegally extended.

With inputs from Shaveta Dua