Notice for removal of an old gate i have constructed in my building.

[Sarthak Nayyar]

Respected members,

I am a resident of NOIDA, in my building everyone has done illegal construction from constructing balconies to rooms. I have a gate erected for the past 30 years before any of the residents moved into the building who are objecting to the gate suddenly after few neighbourly altercations. The gate is not blocking any common area and all the residents used to peacefully live there for the past 10 years, however suddenly they have ganged up and are forcing us to remove the gate, they have even gone to the extent of bribing few officials in NOIDA authority and we have received notice to remove the gate or it will be demolished within 15 days.

Please advise me my next course of action, should i file a case for stay of the notice, if yes what are my strong grounds ?

Thank you

[Dr. Ashok Dhamija]

Though you have mentioned that everyone has done illegal construction in your building, you have not specifically mentioned whether the gate that you had erected is also illegal or not.

You can approach the appropriate court for challenging the notice given to you by the concerned authorities for demolition of the gate and for getting stay against such proposed demolition. You may also point out that there are several other illegal constructions in your building and that the gate existed for 30 years, and also that action against illegal constructions should be taken without discrimination.

For detailed grounds to be taken, you may contact some local lawyer and show him all relevant records / documents / details since that requires a detailed study of the relevant facts.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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