• False Notice by Mhada for repairs

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!
Asked 6 years ago in Property Law
Religion: Hindu

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12 Answers

See you can appoint an qualified charted architect can get his report and can reply the notice along the certificate.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

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

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

you can file a writ petition and stay the same by filing a structural report from private architects

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

Contact structural engineer 

 

get audit done  of your building 

 

Enclose  audit report 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

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.

Ajay N S
Advocate, Ernakulam
4126 Answers
114 Consultations

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

Yusuf Rampurawala
Advocate, Mumbai
7939 Answers
79 Consultations

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.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

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.

 

 

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

contact expert structural engineer if building is fit then enclosed his report with reply  

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

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.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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