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MCD refused to take action against Unauthorised Construction & Illegal Commercial Misuse of Resident
28-Jun-2023 (In Civil Law)
Owners of some units in our residential building are operating full-scale offices with 30-40 people staff members in each such office. They’ve illegally covered the set backs and shaft areas and also started office in the basement of our building, the area of which is not counted towards FAR.
The other residents of the building and RWA members complained regarding such misuse and unauthorised construction to MCD, but they are just sending us the standard reply that the property is situated on Notified Commercial Street without even doing any inspection of the site. The property abuts a notified commercial street but does not qualify as mixed use property. Yet, the MCD refuses to take any action.
In the same way they have replied to our complaint against unauthorised construction that the property is old and occupied and since no construction material or ongoing construction is seen on the property, no action is pending from their side.
What action can we take against this & MCD?
First of all you need to send a compulsory legal notice to the defaulter in which you must write your grievances and warn them to withdraw all their activities within 15 days or face legal action. You can also approach the police station to file for registration of FIR. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Delhi | 500+ Answers
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What if property is booked with MCD?
MCD means booked property
The Municipal Corporation of Delhi has the power to demolish property that is not in compliance with the law. It also regulates unapproved or illegal construction of buildings.
What is the last date for MCD property tax in 2023?
Sep 28, 2023 - The deadline for Delhi property tax payment is September 30, 2023. The authority is offering a 5% rebate to taxpayers who pay MCD property tax on or before due date. 6 days ago
What comes under MCD?
It is responsible for managing the corporation, including financial functions, approving projects, discussing, finalising, and implementing policies in the capital city, etc. It can also appoint committees to deal with issues like education, the environment, parking, etc. and create regulations.
How do I remove MCD booked property online?
How do I remove MCD-booked property? Write a detailed request to the nearest authority. You can also visit your local authority and tell the officials that MCD has booked your property. Officials will verify your documents at the property.
you can write down to the honorable High Court or you can go to the honourable other authorities you may get your relief Dombivali Court would direct the authorities to take action as soon as possible under the law against the violator
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Adv. Sujeet Notwal
Delhi | 200+ Answers
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file suit for injuction against the defaulting people and mcd for Demotlotion .... u can also lodge criminal complaint for harboring the defaulting people ....in alternate you can move to high court in writ jurisdiction to get orders against mcd
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Adv. Rohit Manan
Delhi | 100+ Answers
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If there is sort of illegal construction and illegal activities the charging going in your building so you can file a suit against the owners of the flats in which illegal encroachment have been done and illegal activities like offices are being set up and you can also even make MCD party in that so that MCD will give a valuable reply in front of the honourable court and after requesting from the honourable court suitable actions will be taken upon the illegal encroachment and upon the illegal aactivities
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Adv. Abhishek Bhardwaj
Delhi | 100+ Answers
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You need to make a detailed representation depicting the exact violation of laws and by-laws including, as you mentioned, unauthorized use of setbacks. In case, MCD chooses not to respond to it or not act on your representation, you will be well within your right to invoke writ jurisdiction of the High Court seeking appropriate directions to the MCD
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Adv. Anupam Chaudhary
Delhi | 25+ Answers
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