MCD doing illegal construction and threatening my family

992 votes

The best course of action would be to file a civil suit claiming permanent injunction against the owner. Or perhaps a declaration of title suit against the same party coupled with the injunction.

And in either of these suits you can claim a temporary injunction by showing a prima facie case in your favour.

These terms maybe hard to understand unless you are reasonably familiar with law. What you should understand is that you need to hire a lawyer to handle this for you.

A temporary injunction is the key in this. It's not that difficult to obtain and it can be obtained within a month or so. This can also later give you an upper hand if you and the other party decide to compromise.

Hope this helps!

Advocate Nikhil Sabharwal LawRato

785 votes

File a fresh RTI asking whether the construction is authorised or not. Wait for the reply. And on the basis of the reply a writ can be filed against the unauthorized construction. But you should not be having any unauthorized construction on your part also.

Advocate Mohit Arora LawRato

663 votes

you have to approach to Delhi high Court by filing writ against the MCD and made party to both MCD and other concern person. You must disclose that there is enmity between you and that person. Only High Court can take action.

Advocate Rajesh Kumar LawRato

515 votes

Hi, you can file writ Petition under 226 of the constitution of India against MCD in Delhi High Court. If it is illegal construction, nothing to worry, MCD will have to do its duty and remove the unauthorized construction.

Advocate Akash Vajpai LawRato