Illegal construction by builder on terrace

780 votes

Issue a legal notice, initiate MCD proceedings under Sections 343/344 DMC Act, and file a civil suit for injunction. Eighteen years of occupation alone cannot establish adverse possession. An appointment of LC may also help. Rest need to go through your docs first to give you the best legal strategy.

Advocate Akshay Kumar LawRato

906 votes

Your matter involves two separate but connected issues: protection of your registered terrace rights and action against the alleged unauthorised construction. Before advising on whether to proceed through a legal notice, MCD complaint or civil proceedings, we would need to examine the registered title documents, particularly the deed granting terrace rights, the original sanctioned building plan and the nature of the builder's occupation. We would also need to establish when the unauthorised construction was raised, whether it was constructed before or after execution of your registered deed, and on what basis the builder has retained possession and inducted a tenant. The fact that the construction has existed for approximately 18 years does not, by itself, establish ownership through adverse possession. However, the builder's original capacity and the nature of possession must be examined. Please share the registered deed, sanctioned building plan and available photographs of the terrace construction. We can then assess the appropriate sequence of legal notice, municipal proceedings and civil remedies, including the possibility of seeking appointment of a Local Commissioner under Order XXVI Rule 9 CPC. Regards, Himanshu Sharma Advocate VIGILANT LEGUM LAW FIRM South-West, Dwarka, Delhi

Advocate Himanshu Sharma LawRato

781 votes

Your registered terrace rights give you a strong legal foundation, but because the builder’s unauthorised construction has been tenanted for ~18 years, approaching the MCD first can backfire occupants often use Delhi’s Special Provisions Act to secure a stay. The most effective route is filing a comprehensive civil suit for declaration, possession, and mesne profits, moving an urgent ex-parte application for a Local Commissioner under Order 26 Rule 9 CPC on day one to record the exact physical status and occupant identity before third-party claims are created. A builder cannot easily claim adverse possession against their own registered sale deed due to estoppel and lack of hostile animus. Regarding redevelopment, an existing sealed structure blocks municipal sanction approvals, whereas clearing the illegal mass ensures your future FAR is calculated cleanly under current Master Plan norms. Given the timeline, the initial pleadings must be drafted with precision to overcome limitation defenses, and I would recommend examining your registered deed and sanctioned plan in detail to structure the exact relief strategy.

Advocate Parinita Sehrawat LawRato