The rapid growth in population, especially in the cities, has led to the growth in the number of illegal construction cases. Such illegal buildings are constructed without any legal document and proper authorization. Builders save money by skipping the proper registration process and some may even use sub-standard material to construct the building because, being illegal, there is no proper safety and regulatory guideline for the building.
If there is an illegal construction going on in your area, then you can report it to the concerned authorities. It is good to hire a lawyer, especially if the construction is taking place on your land, or if the illegal builder threatens you in any way. This can come under a criminal offence.
In case you are been sent a notice from the court for illegal construction, in this case too, it is good to choose a legal service so that you know what legal moves to take to protect your rights.
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You can visit the office of the Municipal Corporation of your city and file a complaint. If you don’t know how to do it, a lawyer can help you in filing a complaint, in filing a civil lawsuit, and also in getting a stay order. You can also file a complaint through the government’s online portal.
The concerned authority will send a legal notice to the property owner or builder. He/she is given specific time period to reply. If he/she does not reply, then the building becomes liable for demolition.
No. As per the law, a notice is sent to the owner of the illegal building to give him/her a chance to prove that the building is not illegal. However, there are exceptions to this rule, such as when the court gives orders for demolition.
The owner can file a suit for damages and also use the RTI option to know who gave the orders for demolition. Despite the fact that your building was illegal, you are entitled for compensation because the building was brought down without sending you a notice and you have suffered financial loss and there has been a violation of law on the part of the demolishing party.
Cases of illegal construction come under civil matters and it features a civil lawsuit. However, if there is any other offence related to it, such as threatening or physical assault, then this is criminal matter.
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