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DDA flat has been booked by MCD..need to remove this booking.
20-Jan-2025 (In Property Law)
MCD had sent demolition order for our one rooftop room and a washroom to which ATMCD gave immunity saying it was constructed before 2007 under the master plan however asked to remove washroom which we removed... However, now mcd still has booked our flat saying you need to remove the room aswell in order to remove booking as per our norms... They said court just gave you the immunity but booking would still be there.. So it is contrary to atmcd court... What to do
You need to file a case against the unlawful booking of your property if the same has already been regularised by the court. MCD can not book your property now. We immediately need to seek stay order against the MCD. Feel free to contact.
Thanks
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Adv. Bhawana Pandey
Delhi | 900+ Answers
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if it is so first try to get it regularised, if they still don't do then file an appeal before the court citing this immunity order.
things can be managed from the end of mcd easily.
if this is wrongly booked you contest it easily. this can be managed
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Adv. Deepanshu Garg
Delhi | 100+ Answers
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Since the ATMCD court granted immunity for the rooftop room under the Master Plan 2007, but the MCD still maintains a booking, you can challenge their stance legally. The MCD’s demand to remove the room contradicts the ATMCD order, making their action arbitrary. First, obtain a certified copy of the ATMCD judgment and formally respond to MCD, citing the ruling. If MCD refuses to comply, you can file a contempt petition in the Delhi High Court against MCD for disregarding the tribunal’s order. Additionally, you can seek a clarification order from ATMCD, reinforcing that the room has immunity and MCD’s booking should be revoked. If needed, a writ petition can be filed in the Delhi High Court to quash the booking. Let me know if you need assistance drafting a legal notice or petition.
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Adv. Tejas Mehta
Delhi | 25+ Answers
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