Tenants Built 2 Illegal Floors on Rented Property, High Court Orders Demolition

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News18•01-01-2026, 18:30
Tenants Built 2 Illegal Floors on Rented Property, High Court Orders Demolition
- •Himachal Pradesh High Court upheld demolition order for two illegally constructed floors by tenants in Shimla.
- •Tenants built the floors without owner or Municipal Corporation permission during a temporary government acquisition in 1989.
- •The court ruled the owner-tenant relationship continued despite government acquisition and a co-owner's subsequent sale did not validate the illegal construction.
- •Tenancy rights under Himachal Pradesh Urban Rent Control Law are personal, devolving first to the spouse (Jwala Devi) and not automatically to other legal heirs.
- •Long-term occupation or property sales cannot protect unauthorized construction, affirming any co-owner's right to seek demolition.
Why It Matters: Illegal construction on rented property, even with long occupation or sales, faces demolition, as ruled by Himachal Pradesh High Court.
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