This Blog is written by Vanshika
INTRODUCTION
One topic that has constantly grabbed headlines in recent times is demolition of various shops, houses, slums, buildings and towers. We witness around us almost daily residential plots being used for commercial purposes, land encroached by private entities without having any legal title over it, real estate developers exploiting loopholes in laws to gobble up green zones.
Whether it was directing authorities to seal illegal/unauthorised constructed properties in Chandi Chowk or calling out the nexus between land mafias, government and municipal officers behind brazen illegal construction, the Apex Court has shown that the matter is far too big to escape conversation.
UNDERSTANDING ILLEGAL CONSTRUCTION
Any formation or structure built on an area without obtaining the requisite approvals/permissions or one that deviates from the sanctioned plan or one that violates statutory provisions can be classified as illegal construction. Such developments often arise due to rapid urbanization, lack of proper planning, paucity of land or negligence of authorities in conducting timely checks etc.
Beyond being a violation of the law, these constructions disrupt the long-term planning of cities/towns. They put an unbearable burden on limited public amenities, worsen pollution, cause traffic and parking issues and compromise the safety and health of individuals.
Can anything be done about it? Recent rulings show that Courts and Tribunals in India recognised and considered the menace caused by monstrous increase of such practices and therefore, both civil and criminal remedies are available to the aggrieved persons, enabling which they can, if the court thinks fit, seek demolition of such buildings, imposition of fine or punishment, injunction of concerned activities or eviction of occupants, depending upon the facts of the case.
Because city and town planning involve multiple overlapping considerations, the legal framework governing illegal or unauthorised construction is not confined to a single law. Depending on the nature of the case, the following legislations may be relevant:
- Municipal Acts (e.g., Delhi Municipal Corporation Act, 1957)
- Building Bye-Laws and Zoning Regulations
- Public Premises (Eviction of Unauthorized Occupants) Act, 1971
- Environment Protection Act, 1986 (in case of eco-sensitive zones, coastal areas)
- Bhartiya Nyaya Sanhita (Section 329 – Criminal Tresspass)
- Article 226 of the Constitution of India (if civic authorities fail to take action)
If you are wondering, “I have faced a similar situation and already made several verbal complaints to the person who is engaging in such activities but he has paid no heed, what next can I do?” This is precisely where legal notice becomes a powerful step.
LEGAL NOTICE FOR ILLEGAL CONSTRUCTION
Legal notice refers to a formal document stating the kind and nature of the breach of law, legal provisions so breached, and corrective actions accordingly required. It is an official warning and a prelude to possible legal action. It reflects that you took proactive steps, informed and gave the other party a fair opportunity to resolve the issue before knocking the doors of the court.
For instance, if a commercial establishment illegally occupies residential premises, a legal notice may be sent to alert the other party. It will also become crucial evidence if a civil suit is filed at later stages.
WHO CAN SEND A LEGAL NOTICE FOR ILLEGAL CONSTRUCTION?
In India, the notice for illegal construction is issued by the local municipal corporation or development authority. It sends a statutory notice under the relevant municipal laws to the opposing side directing them to stop construction or remove illegal structures. This is an enforceable notice backed by law. If the opposing side fails to comply, the authority can demolish the structure or impose penalties.
However, if you are directly affected, you or your lawyer can send a personal legal notice before filing a case in a civil court. This is not a replacement for the municipal authority’s action, only a parallel legal step to protect your rights and create a record before litigation. Also, you can send a notice to the appropriate authorities notifying them of any illegal construction that comes under their area.
STEP-BY-STEP PROCEDURE TO SEND A LEGAL NOTICE
STEP 1: Consult a lawyer experienced in property and municipal laws
Get professional advice to not miss the nuances of your cases and acts involved. This will ensure that you add only the relevant facts and avoid unnecessary information.
STEP 2: Gather evidence
Your claim must be supported by strong evidence such as photographs of illegal construction, sanctioned plans involved and municipal records etc. This will allow the authority to decide proper cause of action and frame appropriate resolution.
STEP 3: Identify the concerned authority
Exercise proper caution in identifying the recipient. Look which authority would be the correct forum to address a given problem or would it be to builder, property owner.
STEP 4: Draft the notice
Keep your notice clear, precise and correct to the best of your knowledge. Seek help by experts. (Format of notice is also discussed later in this blog)
STEP 5: Send via registered post or courier
Send it timely and preserve a copy of both the notice and the postal receipt for future records.
Following which, the Municipal Corporation would come into action and employ an expert team to inspect and find out illegal construction. If such a structure is found, it will issue a legal notice to the owner or developer containing violations of laws, giving a certain time period to stop or comply with the direction, failing which legal actions would be taken in Court of Law.
COMPONENTS OF A LEGAL NOTICE FOR ILLEGAL CONSTRUCTION
The general components of legal notice include:
a. Date of issuing the notice- important since it helps track when was the noticee informed about breach, if he was given proper time and opportunity to act before matter was brought to the court.
b. Name of the property owner, notice- should be correct
c. Complete address of the property- must include location, area, pincode
d. Details of the illegal construction – mention breach of law
e. Compliance notice along with other supporting evidence
f. Warning for legal consequences in absence of timely action
g. Contact information for further communication
DRAFTS/SAMPLES
The samples of legal notice are provided at the end of this blog. Note: they are educational and introductory in nature and the content of each notice would be based on facts and circumstances of the case.
WHAT HAPPENS AFTER LEGAL NOTICE IS ISSUED?
Wait for a reasonable time before the noticee replies. If the property owner,noticee has complied within the stipulated time, the dispute ends. But, if compliance is denied, appropriate actions can be taken in the Court of Law as mentioned in Legal Notice. If your notice aimed to notify/ alert the authorities, follow up from the authorities. One can also directly approach the High Court under Article 226 of the Indian constitution in case authorities fail to take any action.
If you are the receiver of such notice of removal of illegal construction, do not neglect it, approach a lawyer, analyze your case and take required steps. Leniency in such matters may come with heavy cost and even demolition of your property. In case all the laws have been duly followed and permission taken, reply to the legal notice denying any illegal construction.
RECENT CASES/RULINGS/ JUDGMENTS
In Kaniz Ahmed Versus Sabuddin & ORS. 2025 LiveLaw (SC) 514, the bench concluded, “Thus, the Courts must adopt a strict approach while dealing with cases of illegal construction and should not readily engage themselves in judicial regularisation of buildings erected without requisite permissions of the competent authority.
The need for maintaining such a firm stance emanates not only from inviolable duty cast upon the Courts to uphold the rule of law, rather such judicial restraint gains more force in order to facilitate the well-being of all concerned.”
In Fuljaha Noormohammed Shaikh v. State of Gujarat, 2025 SCC OnLine Guj 1534, decided on 29-04-2025, the Gujarat High Court had refused to stay demolition on the contention that petitioners had vested right for resettlement and rehabilitation.
In Rajendra Kumar Barjatya and Another v. Avas Evam Vikas Parishad &ORS., 2024 LiveLaw (SC) 1009, where the appellant challenged the demolition order on various ground including alleged lapses by the authorities in not sending prior notices to him but one of the respondent argued that the notices were issued to him. The court highlighted that prolonged occupancy, financial investment and authority’s inaction do not legitimize unauthorized structures.
In M/s Janpriya Builders v. The Commissioner, Greater Chennai Corporation 2025 LiveLaw (Mad) 65, the Madhya Pradesh High Court observed if routine regularisation of unauthorized buildings is allowed, the very purpose of building plan permission would be defeated. The court added that the government could not be a mute spectator in such cases which are causing inconvenience to the people.
CONCLUSION
India is a growing economy and the need for proper infrastructure and amenities is ever-increasing. But illegal construction must not be made in the guise of development. Statutory provisions must be followed and authorities must be vigilant to take prompt actions. The courts are playing their curative role as evident from judgments in our times. However, to tackle the unprecedented scale of ongoing illegal construction, authorities must put structural reforms in place. As the court opined, and rightfully so, using tapes and strings to seal buildings is not enough to create a deterrent effect in today’s time. Lastly, any measure would initially require a clear and precise legal notice, ensuring violators are held accountable and others are discouraged from flouting the law.
SAMPLE OF NOTICE SENT BY MUNICIPAL CORPORATION TO THE PROPERTY OWNER
SAMPLE OF LEGAL NOTICE BY THE AFFECTED PARTY THROUGH ADVOCATE
