MCD refused to take action against Unauthorised Construction & Illegal Commercial Misuse of Resident

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?

Answers (5)

302 votes

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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252 votes

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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file suit for injuction against the defaulting people and mcd for Demotlotion .... u can also lodge criminal complaint for harboring the defaulting people alternate you can move to high court in writ jurisdiction to get orders against mcd

254 votes

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

138 votes

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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