The query is Regarding the top floor of house located in Jahangir Puri

690 votes

Jahangirpuri ke kai ilaakon mein 25 gaj aur 50 gaj ke plots par isi prakaar ki constructions milti hain, lekin har property ka status alag hota hai. Isliye bina property ke documents, sanction plan, ownership papers aur colony ki regularization status dekhe yeh nishchit nahi kaha ja sakta ki aapke 4th floor par demolition ya sealing ki karvayi hogi ya nahi.

Advocate Madhvi Chopra LawRato

896 votes

Whether demolition or sealing depends on approved plans and local building bye-laws. If the 4th floor is unauthorized, MCD/DDA may take action. Verify sanctioned plans with authorities as per the concerned provisions of law.

Advocate Pankaj Bajaj LawRato

851 votes

From the facts stated by you, it is not possible to conclusively predict whether MCD, DDA, or any other authority will demolish or seal the fourth floor merely because it is the top floor. The determining factor is not the floor on which you reside but whether the construction is authorized under the applicable building regulations and whether any demolition, sealing, or booking proceedings have been initiated by the concerned authority. The fact that many houses in Jahangirpuri A Block are constructed on 25 or 50 square yard plots with a similar Ground + 4 Floors structure does not, by itself, make the construction legal or illegal. Authorities generally take action based upon sanctioned plans, unauthorized construction complaints, court directions, redevelopment policies, and municipal records. The existence of similar structures in the locality is not a legal defence if a particular building is found to be unauthorized. If no demolition notice, sealing notice, booking order, or municipal proceedings have been issued in respect of your building, there is no immediate basis to assume that the fourth floor will necessarily be demolished. However, if the fourth floor was constructed without approval and the property falls within a category where such construction is not permissible, municipal authorities may take action in accordance with law. You should verify whether the property falls in a regularized colony, whether any sanctioned building plan exists, whether any notices have been issued by MCD, and whether the property has been booked for unauthorized construction. These records can usually be checked through the concerned municipal zone. Therefore, the relevant question is not whether you are residing on the top floor, but whether the building and the fourth-floor construction comply with the applicable municipal regulations and whether any action has been initiated by the authorities. Until such information is verified, no definite opinion can be given regarding demolition or sealing of the premises.

Advocate Yuganshu Sharma LawRato

695 votes

We need more information in this that whether this property comes under village Abadi area or regularised colonies or other acquired lands. Some property according to their time duration are covered under delhi provision act. U need to hire expert advocate in this regard ! Plz b in touch

Advocate D. Khan LawRato