Rahul Raj
in Civil Law Enforcement of Civil Judgments Law
Asked October 06, 2017

File for an order for demolition

  • 1 Answer
  • 499 Views

How to take demolish order from court for old house 🏠

Answer 1

In normal circumstances, demolition of old house does not require any order from the court. Most municipalities have a procedure which require prior permission of the local municipal authority and No objection certificates (NOC) from water and electricity suppliers, etc. After the permission has been granted, the demolition work should be done under  the supervision of an empanelled Structural Engineer.

However, if the property in question is the subject matter of an on-going legal dispute or suit , i.e., the property is pendent lite, as per section 52 of the Transfer of Property Act, 1882,  it cannot be damaged in any manner until and unless the court passes any order as part of that existing suit.

In case the legal validity of the property (i.e., the old house) is in question, the court has on previous occasion granted an order of demolition. In the case Esha Ekta Apartments Co-operative Housing Society Limited vs. Municipal Corporation of Mumbai [Civil Appeal No. 7934 OF 2012], the Supreme Court of India noted that builders cannot be allowed to get away with buildings that violate the mandatory rules as laid down by the government, such as specific permission for residential buildings, area of the building, the maximum number of floors that can be built, etc. Further, in the case M.C. Mehta vs. Union of India [Writ Petition (civil) 4677 of 1985] the Supreme Court observed that order for demolition of buildings can be issued in case of unauthorised buildings.

 

Source:

  • https://indiankanoon.org/doc/1634925/
  • https://indiankanoon.org/doc/1092818/
  • https://www.kmcgov.in/KMCPortal/jsp/KMCBuildingFAQ.jsp#3
  • http://judis.nic.in/supremecourt/imgs1.aspx?filename=40104
  • https://www.99acres.com/articles/demolishing-your-house-things-you-need-to-know.html

 

Agree Comment 0 Agrees almost 4 years ago

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