Anonymous
Asked September 08, 2016

Legal Solution for destroying building

  • 1 Answer
  • 386 Views

Hello, I want a piece of advice, actually what happened is behind my shop there is one building which is about to fall. Now, the corporator in our area sends us notice that they are going to ground the Buildinh before it falls. And for that they want to ground our shop as shop is in front of building. And after that bulldozers are going to ground that building. And corporator are not going to pay anything for destroying shop. Can you please give Any solution? We have applied for stay order but we haven't received it yet.

Answer 1

If your shop is a legal construction in every way and is being demolished with no legal grounds, you are well entitled to receive the stay order.

If you are threatened that the corporation might demolish your shop before the stay order, you can directly approach the police and request for action against the corporation under S. 107 [1]and S. 144 of Cr.PC[2]. S. 107 of Cr.PC provides the Executive Magistrate with power to act on receipt of any information of any wrongful act that may probably occasion a breach of the peaceUnder S. 144 of Cr.PC, the Magistrate has the power to direct any person to abstain from a certain act or to take certain order with respect to certain property under his management, if such Magistrate considers that such direction is likely to prevent obstruction, annoyance or injury to any person lawfully employed. Under both provisions, if it is a question of law then the police take immediate action and inform the magistrate of the same. As the illegal act is being proposed by a public entity, on payment of certain fees, the police is most likely to take preventive steps. Moreover, once such case is initiated, no act can be carried on by the corporation until the completion of the proceeding and in the meantime you would most likely receive your stay order.

 

[1] Available at: https://indiankanoon.org/doc/1914745/

[2] Available at: https://indiankanoon.org/doc/930621/

Agree Comment 0 Agrees about 4 years ago

Please Login or Register to Submit Answer

Directory ads
Need to talk to a lawyer?

Book a phone consultation with a top-rated lawyer on Lawfarm.