• Sealing and demolition

Our shop is situated in DDA market inside a colony (Ashok vihar).

Is there any list that DDA or MCD has produced in which we can confirm if we will too suffer from demolition?

Also, is there any legal procedure by which we can stop demolition on the spot?
Asked 1 year ago in Civil Law from Delhi, Delhi

Hello,

There is no such list. Few area though have been demarcated and the list is not exhaustive.

The HC has already dismissed various petitions against demolition and therefore there happens to be no way.

Just that you may make the structural changes and make the building as per the plan.

Regards

Anilesh Tewari
Advocate, New Delhi
17278 Answers
267 Consultations

5.0 on 5.0

1. If your shop is constructed o the basis of a valid sanctioned building plan and on a lawful plot of land there is no question of demolition.

2. So to know the status of your ship you can send a RTI letter to DDA calling for necessary information.

3. Once you receive such information you can decide on future course of action.

4. Do note that before demolition the occupier or owner of the structure is given with a proper notice and once you get such notice you can challenge the same in the high court as per merit of the case.

So consult an advocate once you are served with any demolition notice.

Devajyoti Barman
Advocate, Kolkata
18135 Answers
260 Consultations

5.0 on 5.0

Go to lawyer and get 144(2) immediately by evening you will get order. Thereafter file injunction. Injunction drafting will take time and getting order after that. 144(2) can be done immediately and injunction case is compulsory after that . No demolition till case pending in injunction.7

Aveek Bose
Advocate, Kolkata
994 Answers
5 Consultations

4.7 on 5.0

Firstly, there has been a practice of authorities to give only a day or two days time before demolition.

Secondly, the moment you get that you should approach the Delhi High Court under a Writ of Mandamus for stopping them to demolish the same.

Thirdly, if you have already got such notice prior few days back but no action till now then also I suggest you to approach the Delhi Hogh Court.

Do not get late, please.

Sanjay Baniwal
Advocate, South Delhi
4931 Answers
11 Consultations

5.0 on 5.0

Notice would be issued to you to show cause why your shop should not be demolished

2) you have to reply to notice

3) if your shop has been constructed as per sanctioned plans you have nothing to fear

4) you can file suit seek stay orders against demolition

Ajay Sethi
Advocate, Mumbai
69139 Answers
4158 Consultations

5.0 on 5.0

File an RTI application before the DDA authorities to ask for the demarcated area as such no list has been released by the DDA. Further the authorities issue notice before demolition same can be challenged before the high court and a stay on the demolition can be taken.

No on stop demolition can be there you have to go before high court to challenge the demolition.

Shubham Jhajharia
Advocate, Ahmedabad
20971 Answers
81 Consultations

5.0 on 5.0

You can get the information about the affected areas from the MCD or DDA itself

Before demolition you will be given a notice. So there wont be any spot demolition

Yusuf Rampurawala
Advocate, Mumbai
4679 Answers
28 Consultations

5.0 on 5.0

Approach high court to stop it and get a stay on that notice

Prabhakaran Vasudevan
Advocate, Chennai
17 Answers
1 Consultation

4.0 on 5.0

1) You can check with DDA and MCD officers of Ashok Vihar area, that your shop has been listed or selected for demolish purpose. As of now could not find any name on links of both sites.

2) Yes, you can have stay order against DDA or MCD whosoever comes for demolish.

Ganesh Kadam
Advocate, Pune
8283 Answers
69 Consultations

4.9 on 5.0

If your shop is according to the sanctioned plan, then it cannot be demolished.

You can approach high court to restrain the authorities from taking any coercive action against as well as a stay on demolition, you as long as the sanctioned plan stood valid.

You'll also receive a show cause notice from the concerned authorities, and it's advisable you reply the same in a timely manner.

Time is the essence here.

Siddharth Jain
Advocate, New Delhi
4986 Answers
55 Consultations

5.0 on 5.0

If you are an authorized tenant then you will be issued with a notice about the demolition process by the authorities.

If you are an unauthorized occupant then you may not be notified but a general notice would be issued before demolition to safeguard your properties and articles lying inside the property.

You can aproach a civil court within the jurisdiction seeking an injunction on the basis of the relevant factors by which you are eligible for seeking injunction against the authorities.

T Kalaiselvan
Advocate, Vellore
58991 Answers
749 Consultations

5.0 on 5.0

Hi

If you think that the name and shop no. of your shop is there then, immediately move to court and get a stay from there for your shop. Also, MCD and DDA before demolition have to service you a notice. If notice is not being served. They cannot do anything in that regard. Also, you can seek the help of the local police if they do so.

Ritu Gaur
Advocate, Delhi
35 Answers

5.0 on 5.0

No you can Only stop demolition through stay order from Court

Prashant Nayak
Advocate, Mumbai
14605 Answers
25 Consultations

4.6 on 5.0

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