• Building law

Sir I have 3 plots of 32 sq Mtr each it is three side property and they all are combined and join and this property is on commercial road from both side and it was old since 2006 and I have slips of all conversation charges paid by me to mcd and many more documents regarding this bulding but some one complain this property and asking for money from me and this person is not residence or not stay near by my property and mcd issue 3 notices earlier and now the showcase notice for this bulding is issue and for that i given reply and also ask for hearing and in show case notice they are saying that 
Building is u/c ,amalgamation, projection on mpd land tell me the solution for this and can I go to court for stay and tell me that the stay should be for how much time.this property is cover in 2006 protection act or not please tell me right solution thank u
Asked 4 years ago in Property Law
Religion: Hindu

8 answers received in 1 day.

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10 Answers

It is necessary to peruse the show cause notice received by you

2) reply filed by you to advice

3) you should engage a local lawyer and appear for personal hearing

4) mention that you have paid conversion charges in 2006

5) produce the receipts in your possession of payment of conversion charges

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Hi,

First you are suggested to give a legal notice to MCD to stop their arbitrary action and reply you withing 15 days and if they are not complying, file writ petition in High Court challenging actions of MCD.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1. It is no clear what the building irregularity is alleged against you and what is mentioned in the said show cause notice.

2. if the content of the notice is not based on law and fact then reply it accordingly.

3. There is no problem as long as there is no regularity of present building rules .

4. Consult a local lawyer as local land laws and building rules is involved in your case.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Sir Show cause notice need to perused on what grounds and under what section they are calling upon you to show cause.

Further since you have already filed a reply engage an advocate he will verify all the documents and peruse the show cause notice and would attend the personal hearing and submit a detailed written statement so the matter has to be contested.

Sir the court at this time won't intervinee as the matter is before authority for hearing you can appeal the order if adverse order in original against you.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Appear through a lawyer before MCD so the legal issues involved may be deliberated by your lawyer .

Not a great case to approach the High Court and obtain stay because MCD is giving you opportunity of hearing and it appears they won't take any coercive action against you without hearing you.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hello,

Share the copy of the notice received and the reply tendered by you.

If the building is in violation of any law then it does not matter that you were paying tax for the same, the same can be demolished by the department.

Share the relevant documents for a more concrete advise.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1) If you have all legal papers on your name then one should not worry about it. Yes you can go to court for stay .

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

You should appear before the authority on the date of hearing and file detailed reply to the show cause notices received by you stating that the land is legally yours as well as you paid the conversion charges back in 2006 itself as well as paying property taxes regularly to MCD.

If you have all the requisite documents like registered sale deed showing you as the owner of the property, conversion certificate granted by MCD, property tax payment receipts etc., you would have a good prima facie case to approach High Court to stop the arbitrary and coersive action taken against you by McD, without any substance.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

Since you have obtained permission and has an order permitting you to convert this into commercial, you need not worry about the latest notice and action by MCD.

Moreover you have all the tax paid receipts and other relevant bills in your possession to prove that this property is approved commercial property, you may challenge their claim on the same basis.

You can even obtain a stay order in the declaration suit and the injunction will be valid till the disposal of the main suit.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

Dear Sir,

File a civil suit or a writ petition and get stay on such demand notices and you and your properties will be on safer side.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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