Legal Question in Construction Law in India

My father owns a dilapidated shop whose ownership is in court. The shop side & back walls have fallen but front wall which is 25 ft is standing in air without any support.We have raised a written complaint in Municipal council that shop wall is in main market it is dangerous for general public it should be demolished. The DC of the city has ordered for demolishing otherwise we will be held responsible. Now our lawyer is saying we cannot demolish the building because the case is in court, it will be contempt of court. The court does not acknowledge DC order? What should we do if we demolish the wall it will be contempt of court, if do not demolish it will be contempt of DC order & we will be responsible for any mishappening?


Asked on 8/19/13, 9:10 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

20.08.2013

Dear Sir / Madam,

"Public Safety first; Advocate & Court later."

The Court has no other choice but to accept Development Controller's (DC) order. If you demolish the wall, it does not tantamount to contempt of Court. Since you already have the Municipal Councillor's (MC) letter that you will be held responsible for any mishap if God forbid, the wall collapses, you are liable for compensation and damages, as a result thereof. You should immediately heed to the MC's letter and act accordingly.

Regards,

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Answered on 8/20/13, 12:28 am


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