1) file suit and seek stay of demolition
2) enclose documentary evidence that you are staying in premises for last 40 years
3) contact s local lawyer
Notice issued by BMC without any information
Hi, I reside at bandra east, and we are residing at the particular place from last 30 years, Suddenly we are issued a notice of demolition of our houses without giving us information to where would they allot us and why they are doing this demolition,and how much demolition would they do.?? Now knowing the fact that we reside at bandra which is one of the best place in mumbai...and as we are here from long time nobody would love to leave this heaven...so we want to know that how can we stop this...or is there a possibility that they can shift us in bandra only ??? Juat to add information why they want demolition is beacause there is a naala attached to our houses and they say that they want to make it big...instead its already a 30 to 40 ft naala...and dont know why they are doing it as it never ever got flooded not even in 2007 during mumbai floods.??
Asked 7 years ago in Property Law
Religion: Muslim
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7 Answers
1. Your house is being acquired so that the drain can be widened. If that be so, the BMC is bound to give you alternate accommodation and compensate you for the loss.
2. You can file a suit for permanent injunction against BMC to seek a stay on the demolition of the houses.
1.in the notice the relevant law would surely be mentioned under which the demolition notice is passed.
2.if without giving you a chance to show cause the demolition notice is issued then it is bad in law and in fact.
3.in tht event you can challenge the notice beofre the high court by filing writ petition.
4.Consult a local lawyer who is conversant with BMC Act .
5. Now only the high court can give you relief.Do Not waste time in challenging the notice.
This couldn't have been done without giving an opportunity of hearing to you. Issuing the notice of demolition straight away, isn't the procedure.
Approach the High and challenge this notice. The court will grant you a stay order.
Let me know if you have any further queries.
Best,
Adv. Vibhanshu
This notice is void and you have to challenge it before the court. This notice is given against the principle of natural justice and it is liable to be struck down.
According to the fact of your case that there is a Nala which is 32 to 40 feet wide and the government wants to increased width of this Nala then the right procedure is to first serve the notice on the inhabitants, acquire the land adjacent to the Nala.
If if a procedure has not been complied then you must move a petition before the high court for the issuance of writ of mandamus against concerned authority.
Hello,
Enclose documentary evidence to support the fact that you have been living in the said premises since last 40 years and subsequently file a suit to seek stay of the demolition.
Moreover, it is the duty of the BMC to provide you alternate accommodation if any statutory work is to be carried out.
You may also challenge the said notice by means of a Writ Petition in the High Court for immediate relief, contact a local lawyer for the same.
Regards
Are you the owner of the house?
Do you have the property title documents in your name?
Or at least are you a pagdi owner of the property?
Is the property under pagdi system under your possession for all these thirty years?
Do you have documentary evidences to prove your residence in this place for the claimed 30 years?
If you can prove your residence or title, then you may first obtain a permanent injunction against the BMC authorities.
Subsequently you may file a declaration suit also to declare your title to the property with mandatory injunction agaisnt the authorities to to not interfere in your possession and enjoyment of the property.
