Illegal structure causing security and health hazard
I am a senior citizen, aged 70 years, living in a DDA apartment in Paschim Vihar, New Delhi.
My apartment is located on 1st Floor.
The ground floor apartment is owned by one ex-employee of MCD(Municiple Corporation of Delhi), now expired. However, his family(sons and wife) live there.
His son, is a local builder/broker and wields lot of clout in MCD/Police.
The ground floor apartment inhabitants have encroached upon public land(footpath, drain etc) from 3 sides, also they have put a temporary roof (PVC sheet) to cover there front yard. The PVC sheet runs alongside entire length of our balcony. This extra protruding construction on public land plus front yard covering by PVC sheet has caused us lot of trouble.
Anyone can easily climb in our balcony by stepping on construction done on encroached land, the dirt accumulated and water logged (in rainy season), leading to mosquitoes on PVC sheet is causing us severe security and health hazards.
In the past and recent, our requests to dismantle the structures (on encroached land and roof PVC sheet) have gone un-heard by inhabitants on ground floor apartment.
A few weeks back, we finally, logged a written compliant in MCD (and secured and acknowledgement). However, MCD has failed to take any action.
They quote recent ban by new Delhi Government against all demolitions. We have very little hope that MCD will act on its own.
We are senior citizens and have limited capacity to fight, however, this time we have decided to seek legal intervention and take the matter to some conclusion.
a) What are our legal options?
b) Do we need to fight a very long and protracted court battle? Is it possible for me to approach a higher court directly for a speedy relief?
c) Cannot court simply direct MCD to demolish the offending structures? Is the ban on demolitions by Delhi Govt applicable universally to all colonies (ours is a DDA apartment complex, not an un-authorised cluster)
d) Any experienced lawyers who you can refer to us?
e) Any other advise you would like to give us.
Thanks in advance.
Asked 3 years ago in Civil Law from New Delhi, Delhi
1) if MCD is not taking any action against illegal construction file writ petition in delhi court to direct MCD to demolish unauthorised construction
2) you can also file RTI application to find what action has been taken by MCD on your complaint
3) you may get relief in 6 months or so . court can direct MCD to demlish illegal structure
4) many lawyers in delhi on this site like Mr Davesar , MR thukral . you can contact them
5) take photographs of illegal structure . you have to enclose it in your petition
6) also try to obtain sanctioned plan of ground floor structure by RTI .
1) Your legal options include approaching the High Court in Delhi with a Writ Petition seeking its direction to the Municipal Corporation of Delhi to demolish the unauthorized construction. Besides the structure being illegal, highlight how it is being a security and health hazard in your petition.
2) You being a senior citizen you can urge the court for a speedy disposal of your petition considering the urgency of the situation. As such the disposal of the case can take anywhere between 6 to 8 months..
3) If you search on the Kaanoon site you will find a few lawyers who regularly contribute like Ashish Davessar, Nadeem Qureshi,Harbhajan Singh Thukral, S.P. Srivastava,Sudershani Ray etc. Talk to any one of them through the site to see if they can be of help to you.
4) Contact one of the local lawyers who can help you with taking the legal steps at the earliest.
1. You have filed the complaint before the MCD asking for relief,
2. Send MCD a reminder requesting them for demolishing the said illegal construction in you DDA appartment,
3. In cae MCD fails to address your problem, file a writ petition before the Delhi High court against MCD inaction,
4. You ar expected to get favourable judgement since the said demolition asked for does not relate to unauthorised colony but DDA apartment,
5. You will get lawyers practicing at delhi High Court from this site like Adv Davesar and Adv Thukral. You can also google search delhi lawyers to select any one of them.
1. Your complaint to MCD has so far proved futile.
2. Now the legal recourse you can adopt is to seek court directions to MCD to demolish the illegal structure which is detrimental to your interests.
3. The ban imposed by the Delhi government does not cover within its ambit the DDA apartments.The MCD has misrepresented the order of Delhi govt.
4. You have to wage a court battle to get justice, but the battle need not be protracted as the courts in Delhi are among the most quickest in the country.
Please get status of your complaint through RTI from MCD . Take photographs of the structure illegally made by ground floor owner.Also give a complaint to DDA. File writ petition seeking directions to MCD and DDA . You will get relief. Ban imposed by Delhi Govt. is not applicable to DDA properties.
Advocate, New Delhi