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Complaint against illegal construction


13-Jun-2023 (In Property Law)
Dear Sir We are resident in delhi Moti Nagar Area on Ground floor. Some time back owner of first floor was constructed his second floor withount giving in support or pillars at ground floor.I Filed a complaint against him in MCD and MCD Partially Demolish his Second Floor. Now take to revenge he filed complaint against me that our one room is in illegal constructed . Our contruction was done 25 years back . Now the some person come from MCD with copy of his complaint filed and ask us to demolish your room yourself otherwise we will demolish and we have not issued any notice by MCD but we have click the copy of complaint filed by our first floor owner. Kindly Advice what we will do and can anyone file an online compliant for illegal construction?
Answers (3)

Answer #1
645 votes
Based on my experience of working closely with the standing counsel of the MCD, I will advise you to not take this situation lightly. If a demolition order is passed against you, you will have to urgently move the court for a relief. Hence, it is better that you take early action. Further and better particulars are needed for an effective opinion.
Advocate Tushar Kumar

Adv. Tushar Kumar

LawRato Delhi | 200+ Answers
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Answer #2
579 votes
If the notice is issued without giving you an opportunity of hearing before concluding that the wall was actually demolished and demolished by your father and before asking to pay compensation, you can challenge the same before appellate authority if any or can file a writ petition if there is no appellate authority under concerned municipal act of the state concerned.
Advocate Jaitegan Singh Khurana

Adv. Jaitegan Singh Khurana

LawRatoDelhi | 100+ Answers
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Answer #3
875 votes
Hello Sir I have perused your query. In these circumstances MCD is bound to send you notice before demolition of your floor. MCD cannot just come on their own and instruct to demolish. You can file an RTI on MCD regarding their violation of procedure and can also seek damages for loss it might have cost you. Usually the erring party in such a scenario is given sufficient time to reply to the notice.

For further information feel free to contact me.
Advocate Love Kumar Soni

Adv. Love Kumar Soni

LawRatoGoa | 200+ Answers
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