Can GHMC legally demolish only part of an unauthorized compound wall?
There are 38 lawful plot owners in Survey Nos. 139 & 140. An encroacher illegally constructed a compound wall around the entire survey land, preventing the owners from accessing their plots. The plot owners complained to GHMC. GHMC issued a show-cause notice and conducted a hearing. The plot owners submitted all ownership documents, whereas the encroacher failed to produce any valid documents. GHMC then passed a speaking order directing removal of the unauthorized compound wall within 15 days. The encroacher did not comply and had no stay order, injunction, or protection from any competent court. However, GHMC demolished only a small portion of the wall, leaving most of the unauthorized structure intact. Was GHMC legally justified in carrying out only a partial demolition, or was it required to remove the entire unauthorized compound wall in compliance with its own speaking order? Was GHMC legally justified in carrying out only a partial demolition, or was it required to remove the entire unauthorized compound wall in compliance with its own speaking order?
If GHMC has passed a valid speaking order directing the removal of the entire unauthorized compound wall and there is no stay order from any court, it is generally expected to implement its order in accordance with law. If only partial demolition has been carried out without justification, the affected plot owners may approach the appropriate authority or the High Court seeking proper implementation of the speaking order. For further legal assistance contact us on our helpline number.
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