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Legal remedy if MCD issues demolition
28-May-2023 (In Property Law)
I have built my building in 2014 with approved MAP from SDMC but there was some deviation in which I have build chajjas of 3 foot which was not part of sanctioned plan. So i applied for regularization & compounding of my chajjas as rest all buildings in my lane & colony has build & covered the same. MCD rejected my application and booked my building and issued demolition order against the same. Can anyone help me with the same.
Hello. You can file a suit for permanent injunction against the MCD, seeking to restrain it from taking any demolition action in respect of the subject premises. Support your suit by presenting all important documents and copy of that application you have filed for regularization and compounding of your premises alongwith the rectification plans. You can also make a request for de-sealing of the subject premises, for carrying out necessary rectifications. Just in case further if you will not get satisfactory remedy from court you can an appeal before the Appellate Tribunal, MCD. I would suggest you to consult a lawyer for defending your case.
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Adv. Shipra Satija
Delhi | 25+ Answers
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How do I find my MCD booked property online?
Find MCD-booked property on the official MCD site. The PDF file contains the MCD-booked properties, owners name, and property address. 27-Jan-2023
What is a mutation in MCD property tax?
Mutation in MCD. The Mutation of MCD is the change in name of the person who owns a property in MCD records according to their act.
Can MCD seal without notice?
The Delhi HC ruled that any illegal encroachment must be sealed after the MCD issues a notice of show cause to the encroacher. 10-Feb-2007
How can I open sealed property in Delhi?
Affected parties can also file a writ against the Municipal Corporation at the High Court, as only the Supreme Court and Monitoring Committee are able to approve the de-sealing. The Delhi High Court has issued several decisions in the past regarding the regulations that must be followed to de-seal the property. 25-Jul-2018
It is advised to move to court immediately and file an injunction suit against the SDMC and injuct SDMC from demolishing your property.
It is further advised to take the above said action on urgent basis in order to prevent the uncalled damage to your property.
It is further advised to take the above said action on urgent basis in order to prevent the uncalled damage to your property.
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Adv. Shreshth Jain
Delhi | 100+ Answers
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You will have to immediately challange the demolition order before Mcd tribunal and get a stay on demolition order . You will have to show how your construction is not in violation of the approved plans m. Plz call me for further assistance
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Adv. Paras Anand
Delhi | 100+ Answers
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