Is Municipal House Seizure Illegal? A Comprehensive Legal Guide

2025 Supreme(Online)(Raj) 13430

The seizure notice, as in the present writ petition, dated 26.08.2025 was issued while granting 90 days’ time to rectify the illegal construction and if such rectification is not made, then the seizure proceeding would remain in currency. ... the illegal construction and further decision was taken to demolish such construction. ... The grievance raised in the present writ petition is against the seizure proceedings undertaken by the Municipal Corporation, Bhilwara, whereby the shop in question has been ....

2025 0 Supreme(Raj) 2109

The uncle of the petitioner- Fateh Mohammad, namely Dhokal Khan, on 27.02.1965 with the permission of the Municipality, Nohar constructed a house over the aforesaid piece of land. ... b) By an appropriate writ, order and direction be issued and the Respondent Municipal Board Nohar may restrain to demolish or seizure of the house in question of the petitioners, which is constructed under a valid permission and approved plan. ... b) By an appropriate writ, order and direction be issued and the Respondent Municipal Board ....

2023 0 Supreme(Cal) 1107

duly sanctioned by Municipality. ... If he constructs building with an illegal building plan sanctioned by Raiganj Municipality, the plaintiff being an adjoining owner has the right to ask for injunction because there is an invasion of right and enjoyment of property by illegal construction. ... Therefore, issue of illegal construction is required to be adjudicated in presence of Raiganj Municipality as it did not act in order to discharge the statutory obligation as laid down under th....

2025 Supreme(Online)(Tel) 63414

Learned counsel for the petitioner would submit that, without issuing any notice, on 31.10.2025 respondent Nos.2 to 9, along with their staff, forcibly dragged the petitioner from the house and demolished the said house, which action is illegal and amounts to clear violation of the principles of natural ... bearing H.No.16-1/C and 16-1/E situated in Sy.No.314, Manthani Municipality, Peddapalli District on 31.10.2025 without issuing any notice, enquiry and without following due process of law and mandatory Revenue Rules, ....

2025 Supreme(Online)(Tel) 36869

Learned counsel for the petitioner would submit that, without issuing any notice, on 31.10.2025 respondent Nos.2 to 9, along with their staff, forcibly dragged the petitioner from the house and demolished the said house, which action is illegal and amounts to clear violation of the principles of natural ... bearing H.No.16-1/C and 16-1/E situated in Sy.No.314, Manthani Municipality, Peddapalli District on 31.10.2025 without issuing any notice, enquiry and without following due process of law and mandatory Revenue Rules, ....

2026 Supreme(Online)(Raj) 3152

As a consequence of above discussion, the writ petition is allowed and the impugned seizure order dated 13.09.2025 is quashed and set-aside. ... Secondly, the notice was issued on 11.09.2025 and within 48 hours the seizure proceedings have been undertaken. ... Despite submitting the said reply, the respondent – Municipal Board has passed seizure order on 13.09.2025, which is impugned in the present writ petition. ... In cases where the Municipality fails to convey its decision within two months, the applicant may undert....

2025 Supreme(Online)(Kar) 36453

warrant dated 13.06.2025 issued by Metropolitan Magistrate, CCB, Chennai is hereby declared illegal, arbitrary and wholly beyond the mandate of the said search and seizure warrant. ... The conduct of the respondents clearly demonstrates that, under the garb of search and seizure, they have forcibly dispossessed the petitioner and his family members, including an infant child, from their residential house, thereby depriving them of shelter and basic security. ... The seizure of the vehicle and the sealin....

2025 Supreme(Online)(Tel) 72522

and Municipality, Jogulamba-Gadwal District, is challenged in this writ petition as being illegal and arbitrary. ... It is submitted that deviation portion of the building was removed and the same was verified by the Municipality. Hence, the petitioners made application to respondent Nos.3 and 4 to assess the subject building for house tax. ... The petitioners also sought a consequential relief to direct respondent No.4 to assess the subject building for house tax under the provisions of the Telangana ....

In this case, therefore, the seizure and sale are both illegal. [Drieberg K. C. points out that the action was for malicious prosecution and not for wrongful seizure.] ... It was urged, however, that the plaintiffs were entitled to recover the damage sustained by them in consequence of what is referred to as the illegal seizure of these coconuts. ... It is a. requirement of the Ordinance that movable property of the defaulter should be first seized: failing movable property the rents and profits ....

2025 Supreme(Online)(Raj) 14277

That one Shri Jitendra Kumar R/o House No.35 Schene No.2 Rajhans Colony, Brahmpuri Jaipur and a local person made complaint on telephone regarding unauthorized/illegal construction without permission in House No.194, Kanwar Nagar Colony, Opposite Julelal Temple, ward No.9 Jaipur. ... However, the house owner continued with unauthorized construction work and as such vide seizure order No.39 dated 14.5.2024 issued under section 194(7)(f) of the Act of 2009, the premises in question was seized for 180 day....

2025 Supreme(GUJ) 314

Seizure of property without filing an FIR within the stipulated time is illegal; complaints under the Gujarat Mineral Rules must be filed in the Sessions Court. 1. RULE. Mr. Bharat Vyas, learned AGP waives service of notice of Rule for the respondent-State. 2. By way of present petition under Article 226 of the Constitution of India, the petitioner herein prays for the following reliefs:

2019 0 Supreme(Cal) 679

Illegal seizure amounts to deprivation of property without the authority of law. It has held that, the word 'law' in the context of Article 300A must mean an Act of Parliament or of a State Legislature, a rule, or a statutory order, having the force of law, that is positive or State made law. Therefore a person can be deprived of his right to acquire property, if the law and a contract expressly and explicitly state so. Chandigarh Housing Board (supra) has held that, although the right to acquire a property is not a fundamental right, but is a constitutional and human right....

2017 0 Supreme(Ker) 1438

Mere presence cannot be equated with the possession, when accused No.2 who was the owner of the house was also prosecuted. At the time of search, the appellant was not therein. As per the prosecution case, seizure was made from the house owned by accused No.2, who was acquitted in the case. Thus, there is an inordinate delay to comply with the mandate of the statute.

2017 0 Supreme(Cal) 276

In cross-examination, he stated that it has been mentioned in the F.I.R. that the seized articles were sealed and labels were pasted on the articles after seizure. He did not collect the document from the Municipality in respect of ownership of the house where the seizure had been effected. There was no seal of the police station on the labels pasted on the envelopes as well as on the seized documents. He stated that he was not present when the incident occurred first.

2008 0 Supreme(J&K) 224

3. Grounds pleaded to assail the proceedings as projected by petitioners counsel during course of arguments are that in the first instance the house belonged to and was constructed by petitioner and not her husband and, as such, could not have been seized by concerned police and, secondly, that the requisite procedural steps for its attachment / seizure not having been taken the seizure was illegal. In response Mr. Rathore appearing for other side has contended that having been found to have been constructed out of the proceeds of militancy the house was rightly seized by p....