Asked September 03, 2016

Notice for demolition of house

  • 2 Answers

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?

Answers 2

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:

  • Whether the plaintiff has a prima facie case?
  • Whether the plaintiff would suffer irreparable injury if his prayer for temporary injunction is not granted?
  • Whether the balance of convenience is in favor of the plaintiff.
  • 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.

    Agree Comment 1 Agree almost 6 years ago
    • Default avatar
      P.S Should I start construction tomorrow though the case is ongoing in the High Court and the tenet is an occupant of the My shop, will this stop them from pulling down my house? Thanks a lot Lawfarm for letting me ask questions.
      Agree 0 Agrees almost 6 years ago

    • Default avatar
      Thank you so much for your time and your helpful advice, Sweccha Malik. They have issued this Notice and give us only 3 days to knock down our house otherwise they will knock it down and incur demolition charges on us. And out of these 3 days, two of them non working days Yesterday and Today. I don't know what to do tomorrow, shouldn't they give us enough time to appeal in court? How to stop GHMC from knocking down my house tomorrow, if they turn up? Will court issue me injunction tomorrow immediately based on the following grounds? We weren't able to renovate the house because of our Tenet(s). We told them evacuate the shop, they didn't instead file a case against us in the court. We won the case twice in the Lower/Civil Courts then they have filed an appealed in the High Court now the case is in pending there.I intend to renovate my house as soon as they evacuate the Shop. I cannot afford to build a house from the scratch. Once again, Thank you so much for your advice.
      Agree 0 Agrees almost 6 years ago

    The High Court of Hyderabad like many high courts to avoid improper conduct by local authorities (like the G.H.M.C.) and to protect the rights of citizens, accepts matters of urgency during vacation.

    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.

    Agree Comment 0 Agrees almost 6 years ago

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