Notice for demolition of house
I have received a notice from GHMC that they are going to demolish my house within 3 days because its old. We were planning to construct our house. How can we stop them from demolishing our house?
Order 39 Rule 1 of Code of Civil Procedure, 1908 contains circumstances in which temporary injunction may be granted. It may be granted by the Court when the property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree. Generally, before granting the injunction, the court must be satisfied with the following factors:
Section 37 and Section 38 of the Specific Relief Act, 1963 contains provisions relating to temporary and a perpetual injunction. Section 37(1) states that temporary injunctions are such as to continue until a specified time or until further order of the Court and is governed by Code of Civil Procedure, 1908.Perpetual injunction restrains a party forever from doing the specified act and can be granted only on merits at the conclusion of trial after hearing both the parties to the suit.
In the present case, a civil suit can be filed under Order 39 Rule 1 for obtaining a temporary injunction against GHMC restraining them from demolishing the house if the conditions of an injunction are fulfilled. Also, a case can be filed using Section 37 and 38 of the Specific Relief Act for obtaining temporary or permanent injunction respectively.
The Supreme Court of India has provided elaborate guidelines to show what matters can be posted and the procedure regarding the same. Firstly, the Apex Court has stated that matters relating to imminent apprehension of demolition of property, are classified as urgent matters that can be given due preference for court hearings. Secondly The Court has reiterated that every matter to be moved before vacation Court should be accompanied by an affidavit, indicating all the material facts necessary for the formation of opinion about its urgency. The required material facts and particulars should invariably include:
1) The nature of the matter;
2) The date of the impugned order, if any;
3) The reason for not filing it before the vacation, if the impugned order was made or the cause of action arose on an earlier date;
4) The latest date up to which the matter can be heard in view of the urgency indicated therein; and
5) The nature of interim order sought for which the urgency is indicated must be mentioned. Thus you can approach the High Court following the above procedure, requesting 1)Writ of Mandamus, which commands a local authority to perform its duty as directed by the court, and 2)stay against the demolition of your house.
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