See you can appoint an qualified charted architect can get his report and can reply the notice along the certificate.
Hi, I would be highly grateful for your reply. I wanted to know how can I counter a repair notice sent by MHADA which calls out my building as structurally unfit and dilapidated, when it certainly is not. This is an wrong inference drawn without a structural audit and has been assumed as the building is old. I believe this to be a form of harassment without due cause. Thanks in anticipation!
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See you can appoint an qualified charted architect can get his report and can reply the notice along the certificate.
Hello,
Tender a reply to the same along with a report from some private architect. Also you may approach the HC for getting the order quashed if they still try to reconstruct the building without any rhyme or reason.
regards
The declaration by the authorities that s building is unfit for living involves a procedure and its decision can be challenged if such an order has been passed by stating the facts and annexing evidence. Act accordingly. Engage a lawyer.
Regards
you can file a writ petition and stay the same by filing a structural report from private architects
At this stage send a reply notice with the help of lawyer and approved civil /Structural Engineer. If they further send notice for demolishing the building then approach proper court for getting a stay.
First check under which section of Mhad act is the notice issued
If the notice is for repairs then it can be complied by carrying out the necessary repairs
Repair notice is issued for benefit of occupants and passers by who may walk past the building to avoid any untoward incident
If mhada does the repairs then the landlord will be charged a repair cess which he will pass on to tenants
If you do not want Mhada to do the repairs then the landlord and tenants can collectively carry on the repairs
Get the engineers inspection report prepared through certified engineer/architect. If find positive enclosed it with you reply, declining claim. Such notice normally issue to owners living in building at least 50-years-old.
1. Typically MHADA is the final authority to take a call on the possibility of a building as structurally unfit and dilapidated.
2. However, you can counter the same via a Civil suit and obtain a stay order from the court or even appeal before the estate dept., of MHADA.
3. Note: Normally you will not get any relief, from MHADA.
Since you have received a notice from the authorities it becomes your duty to give a reply notice.
You may obtain a structural report from an architect to this effect and issue a reply notice suitably through your lawyer denying their allegations, let them decide any action on it, you may obtain an order of injunction agaisnt them if they are proposing to demolish.
Dear
client you should hire a structural engineer and get your building audited for any type of risk due to Unfit structure and if the reports are inyour favor.
Then send reply to the notice along with audit report from engineer if they still proceed with the procedure of notice.
You can file a petition for stay in court.