Illegal construction is a serious problem that can affect the environment, safety, and rights of the people living nearby. If you want to stand against illegal construction, you may have to take some legal actions, such as:
Filing a complaint with the local authorities: The first step in such cases is to file a complaint with the local authorities, such as the Municipal Corporation, Development Authority, or Town Planning Department. These authorities are responsible for regulating and monitoring the construction activities in their jurisdiction, and taking action against any violations of the rules and regulations. You can file a complaint online through the e-GRAS portal, or visit the concerned office and submit a written complaint along with the evidence of illegal construction, such as photographs, videos, documents, etc. The authorities should then inspect the site and issue a notice to the builder or owner of the illegal construction, asking them to stop the work and explain why they should not be penalized.
Filing a case in the court: If the authorities fail to take action, or if you are not satisfied with their action, you can file a case in the court seeking appropriate relief. You can file a writ petition in the High Court or the Supreme Court under Article 226 or 32 of the Constitution of India, respectively, invoking your fundamental right to life and environment under Article 21. You can also file a civil suit in the lower court for injunction, demolition, or compensation, depending on your situation. You may need to hire a lawyer to represent your case and present your arguments and evidence before the judge.
Seeking alternative dispute resolution: If you want to avoid litigation and resolve the issue amicably, you can seek alternative dispute resolution mechanisms, such as arbitration or conciliation. These are methods of resolving disputes that are alternative to court proceedings, and involve a neutral third party who helps the parties reach a settlement. You can opt for arbitration or conciliation if both parties agree to do so, and if there is an arbitration clause or a conciliation agreement in your contract with the builder or owner. You can also approach an arbitrator or a conciliator appointed by an institution, such as the Indian Council of Arbitration or the Indian Institute of Arbitration & Mediation.
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How to stand against illegal construction?
Roy sing
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1 Year
2023-09-15T08:51:30+00:00 2023-09-15T09:13:10+00:00Comment
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