• House sealed by development authority for constructing an unsanctioned floor

What is the legal remedy if the house is sealed for unsanctioned Construction of a floor by MVDA ? The Joint engineer is asking us to demolish many parts of our 100 year old ground and 1st floors in order to Compound, which we cannot do. Only experienced Lawyers of UP having knowledge about development authority answer,
Asked 4 years ago in Property Law
Religion: Hindu

8 answers received in 1 day.

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10 Answers

Do you have copy of the sanctioned plans of the house .?

2) if house is 100 years old MVDA would not be having the sanctioned plans

3) it should be your case that no fresh construction has been done and all floors constructed when the house was built

4) file suit against MVDA and seek orders to direct MVDA to remove the sealing done of the house

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

1) how can MVDA ask you to demolish 40 percent from all floors ?

2) unauthorised construction has been done only of one floor

3) you have assessment records for ground and first floor

4) there is no documentary evidence on record that earlier construction was unauthorised

5) you have no other accommodation and are staying in said house

6) sealing the entire house is uncalled for

7) file writ petition in HC to direct MVDA to remove sealing of entire building

8) take the plea that you are willing to pay compounding charges of unauthorised floor done . In alternative demolish the unauthorised construction

9) you have a good case on merits

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

1. Though building rules differs in every city and state , in most cases unauthorized strictures unless posing a grave risk to life can be regularised on payment of penalty.

2. In this case your problem is apart from its being unauthorised , the same is old as well which may stand a chance of casing risk to lives of inhabitants.

3. in any event the notice must be sent under specific provision of local building rules which cna be deal with as per resent provision of law of the statute. Hence it is advisable to take help of a local advocate and reply accordingly.

Submit a revised/fresh building plan.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Firslty, as per the information mentioned in the present query, makes it clear that you have violated the law, but at the same time you are ready to pay the fine.

Secondly, you will have to make an application before the authority for the sanctioning of the plan now after paying the required fine.

Thirdly, if they don’t reply to it then you may have to approach the Hogh Court under the Writ Jurisdiction of Mandamus as per article 226 of Constitution of India.

Fourhtly, only then you may be able to get some relief otherwise it is very hard to convince the authority.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. Challenge the said order in the High Court.

MVDA can not issue such order as the same is arbitrary and against the principles of natural justice.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

As advised, you have to approach the HC for specific orders.

Regarsds

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Approach the High Court and challenge the illegal and unauthorised action of MVDA.

Since the ground floor and the first floor were constructed at a time when the UP Urban Planning Development Act had not come into existence and the building byelaws of UP were not even in existence, they have no Authority to seal the ground and the first floor. All that they could have done was to seal the 3rd floor because it violates the present building bylaws.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

File a writ petition in the Allahabad High Court.

Move a representation before the MVDA before approaching the writ Court.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

If you have received a notice or the building is sealed for the reasons stated there under you may have to challenge their action as per law in the concerned court if your appeal to the authorities have failed to invoke any positive response.

If your building is 100 years old then due to it dilapidated condition the authorities might have decided to seal the building or for what reason that they take this step.

What is your lawyer's opinion about this?

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

You can plead in your appeal that there were minor deviations in the construction from the sanctioned plan and the deviations were within the compoundable limits and, therefore, or even otherwise you are ready to pay the charges towards compounding the same.

If your pleas do not invoke any positive reply then you may approach high court with a writ petition mentioning that such action by the local civic body would shatter your dwelling home and also it may render you homeless, literally on the streets.

You can engage the services of a prudent and skilled lawyer practicing in the same field to defend your interests.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

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