DMC Act vs writ petition
SUSHMA YADAV
(Querist) 30 July 2017
This query is : Resolved
Hello,
I am seeking opinion regarding maintainability of a writ petition filed under Article 226 & 227 r/w section 343 & 344 of DMC Act 1957 in Delhi High Court for demolishing the unauthorized construction. Petitioner has filed the writ of mandamus in delhi high court directing mcd to demolish the recently constructed new but unauthorised building. Can we take up the plea that honble court should dismiss it with order to file it in mcd tribunal or any other DC because alternate remedy is available. Petitioner is seeking the demolition. Building is already occupied by the respective occupants who bought tge respective flats. All apartments sold under registered sale deed with loan running from DHFL. Builder has offered the petitioner for reasonable repair in his house of which he is saying that some cracks has been caused in his house due to construction of subject property. He is trying to grab money from builder. Instead of filing in civil court or mcd he went for writ petition! Can we try to get the writ diamissed on the plea that he should first excercise tge alternate reamedy? Please guide
Dr J C Vashista
(Expert) 01 August 2017
It is an option available to the petitioner.
How you are concerned and what is the opinion and advise of your counsel? What for you need second opinion?
Rajendra K Goyal
(Expert) 01 August 2017
Agree with the expert Dr. J.C. Vashishta ji.
