How To Complaint Against Illegal Construction To MCD and Get The Property Sealed

11/28/2020 How to complaint against illegal construction to MCD and get the property sealed
How to complaint against

illegal construction to
MCD and get the
property sealed
In this article, Janvi Ahuja of SLS Hyderabad discusses

how should I complain against illegal construction to
MCD and get the property sealed.
Introduction
read://https_blog.ipleaders.in/?url=https%3A%2F%2Fblog.ipleaders.in%2Fmcd-illegal-construction%2F 1/13
Illegal construction is building or doing a construction

work which is not authorized or legally valid. This illegal
construction is the consequence of urbanization,
overpopulation and expanding slum areas and shanty
towns. Even the Delhi High Court observes that illegal
construction is rampant in national capital and needs to
be stopped. Public officials need to ensure that the law is
strictly complied with. Judicial notice can be taken of the
fact that when a building is illegally constructed, it
impacts not only the physical enjoyment of the property
of the neighbors but also results in illegal intervention in
water circulation and the sewage system, which has
been rampant in the city. The development in the city has
to abide by the statutory master plan of the city. This was
observed in a PIL by All India Anti-Corruption and Crime
Prevention Society.
Illegal and unauthorized construction has made Delhi a

dangerous city to live. There is a need to unify the three
municipal bodies as the splitting of MCD into three had
not improved the situation. Pulling up the three municipal

corporations of Delhi, a bench at HC said that the court
was flooded with PIL against illegal and unauthorized
construction which showed no regulation was being
followed by civic bodies. The need to unify MCD’s was
observed, MCD reunification had not improved the
situation. There is a need to unify the truncated MCD’s, to
get rid of illegal and unauthorized construction going out.
Order of demolition and stoppage of buildings

or works in certain cases and appeal.
Where the erection of any building or execution of any

work has been commenced, or is being carried on, or
has been completed without or contrary to the sanction
referred to in section 336 or in contravention of any
condition subject to which such sanction has been
accorded or in contravention of any of the provisions of
this Act or bye–laws made thereunder, the Commissioner
may, in addition to any other action that may be taken
under this Act, make an order directing that such
erection or work shall be demolished within such period
not exceeding thirty days as may be specified in the
order, by the person at whose instance the erection or
work has been commenced or is being carried on or has
been completed and on the failure of that person to
comply with the order, the Commissioner may himself
cause the erection or the work to be demolished and the
expenses of such demolition shall be recoverable from

such person as an arrear of tax under this Act.
Provided that no such order shall be made unless the

person has been given an opportunity of being heard.
Which all places comes under the preview of

MCD
Municipal Corporation of Delhi is an autonomous body

which is one of the three municipalities in the national
capital territory of Delhi, others being National Delhi
Municipal Council and Delhi Cantonment. Within its
jurisdiction is some most densely populated area in the
world. It has unique distinction of providing civic
services to rural and urban villages, resettlement
colonies, regularized unauthorized colonies, slum
settlement etc.
click above
Municipal Corporation of Delhi covers 12 Zones which

are spread across three smaller municipal corporations:
1. City
2. Karol Bagh
3. Sadar Paharganj
4. Civil Lines
5. Narela
6. Rohini
7. Central Delhi
8. South Delhi
9. West Delhi
10. Najafgarh
11. Shahdara South
12. Shahdara North
Intervention by Common Cause
The High court of Delhi has issued directions to

Municipal Corporation of Delhi for removing illegal
construction, encroachments of public land and
commercial establishments from residential area. The
Act may be called as Delhi Laws (Special provision) Act,
2006 which prohibits illegal and unauthorized
construction. A notice can be issued by local authorities
for initiating action against the categories of
unauthorized development referred in subsection (1)
shall be deemed to have been suspended and no punitive
action shall be taken till one year.
Institutional Structure and Regulation
Since there is already a move in India to bring in a

Construction Law, it may now be a good idea to speed it
formulation and then further enactment. This would
essentially form the legal basis for the entire
construction sector and would be essentially a
compendium of all laws which have direct impact on
construction business with necessary revisions to reflect
latest developments and international best practices.
This would further pave the way for declaring the

construction activities as an industry.
How to check whether the property I

am purchasing is built legally or not
1. Check for the clear title papers.
2. Check a proper sales deed (to know that the
property has a clear title).
3. Check for the power of attorney.
4. Check to see if it is approved by leading bank.
5. Check for the construction area and sanctioned
area (so as to know if the construction is illegal
or not in accordance with the plan.
6. Check for the encumbrance certificate (it
contains details of previous registrations which
can be availed from sub registrar’s office.
7. Check if the property has a registered society (in
case it’s not a new construction).
What if the illegal construction already did

some personal damage to you? Can you claim
Compensation for the damage?
If the lease area is constructed illegally or without the

permission of the society and causes damage to person,
that damage may be factual or non-factual the owner is
liable to compensate the parties to such damage. and in

the case where local authority fails judiciary will come to
rescue of affected party. A petition can be filed under
Article 226 of Constitution of India in high court against
the state and municipal corporation if they owe some
compensation to the aggrieved party. you can claim for
liquidated damages with a proof of harm caused, and
negligence on the part of the owner. The owner of the
illegal construction is legally liable to pay demolition cost
and charges, and you can recover for damages suffer
and the loss caused due to the act.
What to do when threatened by the parties

involved in illegal construction
If an illegal construction is going on and you have filed a

complaint in MCD, and without taking any action they
dispose off your complaint, and the illegal construction
owner is threatening you and warning you to stay away
from their work, and you feel that they are powerful, your
family is under pressure and scared the you can lodge a
fir against that construction owner and the file a petition
under 226 of constitution of India against MCD in Delhi
High Court and a complaint about illegal construction in
the form of PIL.
Where to lodge a complaint about

illegal construction
Every city has some municipal corporation act, if any

unauthorized construction takes place notice is issued to
encroacher as to why the illegal construction should not
be demolished, an opportunity is given to the shop
owner/ resident to file a reply. Only then the reasoned
order is passed, then the option is available to the
resident owner to move to the court and obtained stay
against demolition. Also a legal notice can be issued to
municipal corporation and claiming damages for loss
caused due to the property.
Making a complaint online
Lodging an online complaint is a tough job, as the

grievance they face is not properly registered. There is
an online portal launched by state government for
launching complains of illegal sand mining. the main
issue arises in filing this complaint is that many people
there are uneducated. so there is another system of filing
a complaint one can request to local administrative body
to come into action to stop the unauthorized act of
construction. A complaint can be made online and
offline, the procedure is entirely transparent, right from
reporting complaint to disposal action. An online
complaint is filed through whatsapp (858 888 7773) or
calling a toll free number (1533) or a complaint can be
mailed or texted. MCD Commissioner K. S. Mehra said:
“Since Internet is required to access Facebook, which
has a limited spread in the community, we have tied up
with an organisation at the Foundation for Innovation and
Technology Transfer (FITT) at Indian Institute of

Technology, Delhi, to develop a voice application through
which any mobile user can post their complaints on the
MCD Facebook page.”
Complain to police
What if your complaint has fallen on deaf ears. If you have

requested a local administrative body to come into action
to stop the unauthorized act of construction but the local
body is not taking any action, and they are allowing them
to carry on unauthorized construction by becoming mere
spectators. Then the complain about it to police and
municipalities. They will surely look at it. You need to
make sure that immediate action takes place to stop
ongoing illegal construction and to demolish
unauthorized structure that they have already built.
How can an appeal be made at MCD tribunal
Appeal at MCD Tribunal is to be filed in the format

prescribed under the DMC AT (Procedure) Rules, 1986.
Appeal at MCD Tribunal can be filed against any
demolition/ ceiling order in MCD which falls within the
ambit of Section 344, 347, 349 of the MCD Act. At
present, the MCD Tribunal is located at Tis Hazari District
Courts in Delhi and the court follows the procedure
prescribed under the MCD Act for staying or quashing
any demolition /ceiling order in MCD within the
parameters prescribed under the law.
Process:
1. The copy of the order of demolition or sealing

passed by the MCD/NDMC is to be annexed at
first if the same has been received otherwise
exemption for the same is to be sought from the
court specifically.
2. An advance copy of the appeal before the
Appellate Tribunal MCD is to be served on MCD
either at the office of the Chief Legal Officer or
through the post.
3. One extra set of the Appeal before the Appellate
Tribunal MCD is also to be filed.
4. Registration fees for the Appeal before the
Appellate Tribunal MCD of Rs 100/- is to be paid
in cash at the office of the Registrar.
How are Illegal and unauthorized

property sealed
Illegal construction in Delhi is targeted. And to ensure
that builders do not dupe innocent people, municipalities
demolished the property. Not only this central zone of
civic agency demolishes several property that are
carried on by owners and are illegal. After a complaint is
filed, the authorities go for investigation, and then is it
deems that the property is illegally or unauthorized then
a reasonable time is given to them, time being a letter to
the registrar is sent to them, ensuring the owner of the
property can’t sell them. After a reasonable time if a

person is unable to prove him right then the property can
be confessed.
Power to seal unauthorized construction
Delhi High Court said that it is High time officials enforce

the law, High Court declined to order a CBI probe and
demolition of illegal construction, observing that it would
do so only when correct and complete picture is brought
before it.
The directions to seal the unauthorized construction was

given during the hearing of PIL by People All India Anti-
Corruption and Crime Prevention Society, which had
sought direction to the authorities to demolish 75 illegal
constructions in the south Delhi Municipal Corporation.
The bench at the High Court said that the commissioner

shall not prepare any report against the illegal
construction without hearing the owner of the property.
“citizens must follow the law and officials must do their
duty,” the court said adding that the construction that is
not according to the law will not be protected from
demolition at any cost.
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References

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11/28/2020 How to complaint against illegal construction to MCD and get the property sealed

How to complaint against

In this article, Janvi Ahuja of SLS Hyderabad discusses

Illegal construction is building or doing a construction

Illegal and unauthorized construction has made Delhi a

not improved the situation. Pulling up the three municipal

Order of demolition and stoppage of buildings

Where the erection of any building or execution of any

expenses of such demolition shall be recoverable from

Provided that no such order shall be made unless the

Which all places comes under the preview of

Municipal Corporation of Delhi is an autonomous body

Municipal Corporation of Delhi covers 12 Zones which

Intervention by Common Cause

The High court of Delhi has issued directions to

Institutional Structure and Regulation

Since there is already a move in India to bring in a

This would further pave the way for declaring the

How to check whether the property I

What if the illegal construction already did

If the lease area is constructed illegally or without the

liable to compensate the parties to such damage. and in

What to do when threatened by the parties

If an illegal construction is going on and you have filed a

Where to lodge a complaint about

Every city has some municipal corporation act, if any

Making a complaint online

Lodging an online complaint is a tough job, as the

Technology Transfer (FITT) at Indian Institute of

What if your complaint has fallen on deaf ears. If you have

How can an appeal be made at MCD tribunal

Appeal at MCD Tribunal is to be filed in the format

1. The copy of the order of demolition or sealing

How are Illegal and unauthorized

property can’t sell them. After a reasonable time if a

Power to seal unauthorized construction

Delhi High Court said that it is High time officials enforce

The directions to seal the unauthorized construction was

The bench at the High Court said that the commissioner

LawSikho has created a telegram group for exchanging

Follow us on Instagram and subscribe to

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