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We want to finish Taj: Oswals

Pankaj and Radhika Oswal say they hope to return to Perth and finish their Indian palace-style home in Peppermint Grove.

A day after the Shire of Peppermint Grove pushed ahead with plans to demolish the building known as Taj-on-Swan, Mrs Oswal's lawyer Rebekah Giles said she would resist the move.

She planned to return to Perth from overseas to live in the home but Ms Giles could not say when.

The Oswals have lived overseas since the high-profile collapse of Mr Oswal's ammonia empire in 2010. Work on the mansion, estimated to fetch $70 million when completed, stopped about the same time.

The couple previously suggested they might never return because of the effect of public scrutiny on their youngest daughter, who attended school in Perth.

Peppermint Grove residents have complained for years that the building is an eyesore and a magnet for illegal behaviour.

The council wants it demolished and to sell the land, valued at $25 million to $30 million. Its ability to take action is complicated because of Mrs Oswal's legal battle with the Australian Taxation Office.

The council voted unanimously on Tuesday to proceed with demolition and notify Mr and Mrs Oswal's lawyers.

Mrs Oswal, who is listed as the owner, has 21 days to appeal to the State Administrative Tribunal.

In the absence of an appeal, the council intends to bring in bulldozers at an estimated cost of more than $100,000.

Peppermint Grove chief executive John Merrick was sceptical that the Oswals would return.

"The building licence has been expired for nearly three years now," he said.