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Sunil Ahya

Demolition of Illegal Structure by Municipal Corporation

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Sunil Ahya

Dear Members,

 

After exactly one year, one dozen RTI applications, almost as many first appeals and about to file second appeal, MCGM finally sent a team of approx. 15 persons and demolished the illegal structure put up by a corporate inside the society premises for commercially using a space reserved for Recreation Garden.

 

Throughout the RTI's the subject matter was to provide me with a certified copy of the permission issued by the Municipal Corporation for the structure in question.

 

Because the structure was constructed inside the area earmarked and reserved for Recreation Garden, the corporation was in no position to issue a permission, and hence Corporation was in position to provide me with a certified copy of the same, thereby proving that the structure is illegal.

 

A special thanks to all the members of the forum especially Kariraji and Jiwateshwar.

 

Also a special thanks to Khusal Sir, rtiindia.org for providing this wonderful platform to all the info warriors across the country.

 

I have learnt a lot from this forum.

 

I have attached the pictures of demolished structure in pdf format.

RTI_Demolished_Illegal_Structure.pdf

  • Thanks 1

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sandeepbaheti

Great work. Keep it up. These type of success stories provide encouragement to all of us.

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SAURABH BAJPAI

Great Keep it up

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sunaabhsarkar

Congratulations!!!

 

It looks like a porta cabin all well insulated normally used for the purpose of communication tower management...

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mfs202

Dear Sir,

 

Thanks for the offer. please give me some time. to think and assess myself. regards mfs

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mfs202

Great ... My case too is similar . unauthorizes flat in the cellar of the apartment meant for parking. GHMC came & demolished a part of it. which they cover with bamboo mesh and continuing trade and disturbing the residents.

i have made representation under RTI to furnish certain information. PIO did not reply in time of 30 days. i am waiting for one more week as per the advise of members to file 1st appeal. pray for success. regards.

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sunaabhsarkar

Often unscrupulos elements raise temporary structures using porta cabin kind of building materials to hoodwink the law and build facilities so that they do not fall under the ambit of covered area under building bye laws. These are more often than not, nuisance to the surroundings. My good wishes are with you mfs202.

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sach_392003

hi sachin here can you tell me if the structures are totally illegal factories and built up in a residential zone and after 1995 and the bmc is not taking any actions against them which is the best way to go about it and complaint where to post your complaint i have posted a lot of complaints in the p north ward bmc office but no action is being taken against them can you please sugest me how to go about it

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sach_392003
Dear Members,

 

After exactly one year, one dozen RTI applications, almost as many first appeals and about to file second appeal, MCGM finally sent a team of approx. 15 persons and demolished the illegal structure put up by a corporate inside the society premises for commercially using a space reserved for Recreation Garden.

 

Throughout the RTI's the subject matter was to provide me with a certified copy of the permission issued by the Municipal Corporation for the structure in question.

 

Because the structure was constructed inside the area earmarked and reserved for Recreation Garden, the corporation was in no position to issue a permission, and hence Corporation was in position to provide me with a certified copy of the same, thereby proving that the structure is illegal.

 

A special thanks to all the members of the forum especially Kariraji and Jiwateshwar.

 

Also a special thanks to Khusal Sir, rtiindia.org for providing this wonderful platform to all the info warriors across the country.

 

I have learnt a lot from this forum.

 

I have attached the pictures of demolished structure in pdf format.

 

hey this one really helped me out

 

abhi can you let me know what question can be asked to which officers so that they can send a proper reply and do the demolition of illegal structures

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Rainelli

ohh that's inspiring!looks like I will learn a lot from you guys!hope to share a success stories here soon...:rolleyes:

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sach_392003
hi sachin here can you tell me if the structures are totally illegal factories and built up in a residential zone and after 1995 and the bmc is not taking any actions against them which is the best way to go about it and complaint where to post your complaint i have posted a lot of complaints in the p north ward bmc office but no action is being taken against them can you please sugest me how to go about it

 

hey the mcgm people are not taking any action against the illegal structures they just come and take bribe and go away in such case what should b e the best eway to approach bmc and i have not received any details of the rti complaints and queries that i had asked for

please guide me in a proper way

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mfs202

In addition to RTI i also filed a writ petition in the ap high court. i got the judgement in my favour and the honable judge instructed GHMC to take action with in 6 weeks. almost two weeks over. no action yet. no action even on my RTI 1st appeal. we should have lot of patience. our every legal move is being nullfied by illegal moves. let us see what happens. regards. mfs.

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chanda_s
In addition to RTI i also filed a writ petition in the ap high court. i got the judgement in my favour and the honable judge instructed GHMC to take action with in 6 weeks. almost two weeks over. no action yet. no action even on my RTI 1st appeal.

 

sir, hats off to your perseverance. i was following your case but i guess you didn't update about the high court decision in the thread. or perhaps i missed it.

 

please make arrangements for filing a contempt of court petition as well so that you can file it on the expiry of the six weeks.

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mfs202

Dear Mr. Chanda,

I am sorry i did not inform. as i thought any thing except RTI is not to be mention in this site. hence i might not have informed the same on the site. thanks for your advise to file contempt if they dont take any action with in 6 weeks. i dont know how much will it take for the court to decide. and the amount of fee i will have to pay to the advocate. if you know about the court etc plz do inform me. thanks once again... warm regards mfs

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sach_392003

Thank you for the suggestion i will file the writ pettion in the high court if the mcgm people do not take the necessary action but can you tell me if the people take stay on their illegal structure the matter will take too long in the court is thaere any ways in which they can not get a stay on thair illegal structures so that the mcgm have a reason of not taking action against them thank you please guide me

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sach_392003

the mcgm people have a reason if stay is issued on their illegal structure . the people owning this illegal structures can easily get a stay if a 351 notice is issued to them and the matter will prevail in the court and the mcgm authorities get a reason for not perfroming their work . is there any ways in which the owners of their illegal structures will not get a stay from the court ? please let me know thank you

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mfs202

to the best of my knowledge there is no stay for illegal structure and on H.c. judgment.

regards, mfs202

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sach_392003

after i do the complaints for the illegal structures the mcgm people issue 351 notice for the for getting the details whether the structure is legal or not the people who have these structures get an oppurtunity to approach court and get a stay once they reach the court they can take on dates and strech the case for mere then 2 to 3 years and tghe mcgm people do not act as the matter is in the court can you suggest me that the people having these structures should not get stay on their structures ? and even the mcgm people will not have any excuse of not demolishing theses structures .

and do their work . if you have any suggesstion pleas let me know thank you

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mfs202

The question of stay comes when mch comes for demolishing. if you manage them they will issue a 24 hours notice prior to demolition. and they issue it on sat and come for demolition on Sunday if not they will notice on sat and they come demolition on Monday morning as such they dont get time to go to court and obtain stay. one more thing by the time they go to court and obtain stay the mch would have demolished a part of the building. you take photos of the demolition in progress through camera or movie. i think they are tricky matters. if you have photos that means the structer is illegal. then you can file writ petition. the case dose not take long it will be decided with a year. regards, mfs

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chanda_s
. is there any ways in which the owners of their illegal structures will not get a stay from the court ? please let me know thank you

 

one way i can think of is filing a caveat in the specific cases you are interested in.

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sach_392003

hey thats a great idea setting up the mcgm officials and caveat also thanks a lot can you also let me know i will have to file caveat on particular structures or the whole plot as there are lot of illegal structure on the plot? can i take c aveat on the whole plot ? or i will have to take on indiviual owner of the structures then i will have to file a lot of caveat ? thank you please let me know .

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karira

This thread is in the "Success Stories" section and not in a section for discussing similar issues.

Members are also requested to stick to the focus of this portal: RTI Act 2005

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sach_392003

please let me know where else can o disscuss this issue thank you :)

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karira
please let me know where else can o disscuss this issue thank you :)

 

Since this portal is for discussing issues related to the RTI Act only, please move your discussion to www.bighelpers.org

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sanjaychavda

our builder don't give us a basement and he build shops in our basement..

so what is process for getting our basement parking

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