How to file a case for illegal tent house

603 votes

Dear Sir/Ma'am,

Kindly inform as to what is the area wherein this issue is taking place.

The case relating to sealing of commercial properties in unauthorised colonies is sub judice in the Hon'ble Supreme Court of India and on the Court has ordered the Supreme Court to go ahead with the sealing and in fact sealing is also being done by the MCD at many places. Further, if its an unauthorised establishment and causing nuisance then a police complaint can be lodged under Section 133 CrpC (Nuisance) and case will be held in the Sub Divisonal Magistrate Court of the concerned area.

Hence, your options are:
1. To file an impleadment application in the ongoing case in the Hon'ble Supreme Court.
2. File a police complaint and a simultaneous letter to the SDM of the area informing of the offense.

But before any action is taken I would advise that a letter (in the form of a legal notice) be sent first to the MCD and even after that if they fail to take any action you can show the letter as well as a strong piece of evidence against the inaction of the MCD.

LawRato LawRato

573 votes

If the tent house is causing nuisance to you and in the society, then you can approach the Court and ask for your relief.
Also if there are security concerns.
You can file a Writ Petition in the High Court against MCD seeking closure of the said tent house if it is against the Master Plan Delhi-2021 (MPD).

Advocate Vishal Saxena LawRato

984 votes

First of all , be clear that legality or illegality of a construction cannot be determined by you but it is a prerogative wholely and solely lying with local authority viz. MCD/DDA etc. guided by the relevant rules, bye laws Only thing you can do is making a complaint in this regard with concerned Executive Engineer of MCD and continuously following up by way of interaction with Deputy Commissioner/Superintending Engineer of MCD and filing RTI with MCD ascertaining status of complaint. As regards sealing drive is concerned same is being carried out under supervision of Supreme Court appointed Monitoring Committee and said Committee is dealing with violations of Master Plan 2020 of DDA and not with individual complaints. So in any case your complaint cannot instruct/request the committee to seal a particular complex. As regards role of Court is concerned there is no vested right in a complainant to get the unauthorised constructed complex sealed/demolished unless such complex results in trespassing complainant's premises whereas if sealing notice is served on a person then he has right to approach MCD Appellate Tribunal and not vice versa. Hence maximum to maximum you can approach High Court in writ jurisdiction that too only after making sufficient representations before MCD and only if you can make a case of violation of your Fundamental Rights by inaction MCD against tent house.
In nutshell advisable path for you is to keep following up your complaint with higher officials of MCD though it may take some time but it will be effective.

Advocate Bonny Mehra LawRato

987 votes

First you have not elaborated what problem you are facing due to tent house , every person have have freedom to run legal business as per his choice as per departments clearance.
If you are facing any serious problem than can file police complaint for the cause of action.

Advocate Sanjeev Chopra LawRato

701 votes

hello! Write a formal complaint to your respective municipal body, CC it to the Councillor's and Mayor's office along with a police complaint. Keep all these copies and their receipts and replies if u get any at all , with you. If still no progress is made in this regard , then of course a civil suit is a remedy and there are quite many options available. For further details you may contact me.

Advocate Ritagya Riti Singh LawRato