In case any complaints are made of unauthorised construction it would be demolished by muncipal corporation 

2) you can contact local architect and check whether it can be regularised 

Construction is illegal but internal matter of members, no one aggrieved and all committed it. Member who have also committed wrong cannot ask for relief from court to correct others wrong.

Yes in this case if the same can be demolished if illegal and it's can also be regularised if corporation permits the same

Beyond 8th feb 2007 any such encroachment will be maintained as per the provisions of THE NATIONAL CAPITAL TERRITORY OF DELHI LAWS (SPECIAL PROVISIONS) ACT, 2009 .

So any such construction before this period will remain same and will not be demolished however the matter should be sorted out with in the society instead of complaint to appropriate authority.

Please rate the answer if you like it.

1. Common Open spaces are always free of FSI under the Regional Town Planning Act and the Fire Act, and it would be illegal to encroach such Common Open spaces.

2. IF the local authorities issue any demolition notice, THEN firstly prefer to obtain a Stay Order on the same.

3. Using the services of a Architect, you may apply for regularization of the encroachment, by paying the relevant penalty, as may be prescribed by the local Municipal rules.

Society can initiate the process of taking action by lodging complaints with Municipal Corporation.

The common area of the society cannot be appropriated by member/s for the sake of their own benefits.

You have admitted it to be an encroached property.

Therefore it is an admitted fact that the encroached land do not belong to you.

You cannot give any justification for this illegal act because occupying the land or property which do not belong to you without any valid reason or authority, is an offence.

Therefore if the affected or aggrieved party approaches the court, the court may pass an order on further action aw per the provisions of law in this regard, which may be even demolition of the extended construction portion of the building/structure.

The recent demolition of tall towers consisting highly valued flats at Maradu, Kerala by an order of supreme court is a live example that the court can pass any such order at its discretion.

Extension is 7 foot by 15 foot is a huge encroachment hence liable to be demolished by an order of court if court decrees or decides against your pleas.

The Dlhi CGHS is also bound to obey the law which is common to all across the country

The Dlhi CGHS is also bound to obey the law which is common to all across the country

Dear  Querist, 

This would have been possible that they could get your encroachment demolished if they would have filed it prior 2015.You would be glad to know that such constructions can not be demolished by courts. Therefore, the society people can not approach the court for demolition. However, they have equitable remedy to approach the Special task force constituted by Hon'ble supreme court. But, they are plathora of judgments through which the encroached land can not be demolished. I have personally won 6 writs on this before Hon'ble Delhi High Court. Even iof they have approached the MCD or the STF. there are ways these situations can be dealt with. I can not explain you all on the portal.  If you want to contact me for consultation. pls do 

Regards, 

YUGANSHU SHARMA

ADVOCATE 

DELHI HIGH COURT

Court will not go into encroachment by other parties than the litigants. Even if it goes, you have ample of judicial windows to defend. Courts avoid giving any decision against public good. Don't worry. At present you cannot do anything so just stay calm. You can try to resolve the dispute between the two persons who are fighting. 

Regards

Gopender

1. Yes court can order demolision of encroachments.

2. But you can defend on ground that extension was done 15 years ago and no one objected till date it was done on the common area of society and majority of society is not in favour of demolision of enchroaching area.

1. As per the information mentioned in the present query, makes it clear that your extension is there for last many years.
2. I would like to inform your that there has been a period of limitation for anyone to put may question on any issue.
3. Here in your case, if someone really had the objection then they would have raised it long time ago as the limitation period for enforcement of any easement right is 2 years and here it has already been over.
4. Lastly, the amended bye laws have also been made in accordance with the provisions of limitation act, giving relief to little more older extension as now people have become use to it.
5. And no they can’t get any order without your presence as the present matter is not of that nature in which court can grant ex parte order. You all will be heard first as per principle of natural justice and equal opportunities of being heard as per law.