UNAUTHORISED CONSTRUCTION AND ILLEGAL RUNNING OF GUEST HOUS

Querist : Anonymous (Querist) 05 August 2010 This query is : Resolved
DEAR SIR,

MY BROTHER HAS MADE AN UNAUTHORISED CONSTRUCTION ON THE UNCONSTRUCTED SECOND FLOOR OF HOUSE IN DELHI WILLED TO ME . THE WILL IS PROBATED AT DELHI HIGH COURT.

I LEARNT IN 1999 THAT HE HAS UNAUTHORISEDLY CONSTRUCTED A ROOM AND A TOILET. I TOOK UP THE MATTER WITH MCD, PUBLIC GRIEVANCE COMMISSION REGULARLY. NOTHING HAPPENED.

I SOUGHT REASONS FOR NOT ACTING BY MCD FOR DEMOLITION THROUGH RTI.

THE CHIEF INF OFFICER IN JULY 2009 PASSEED SEVERE STRICTURES ON MCD AND ITS CORRUPT WAYS.

FROM 2004 MY BROTHER IS RUNNING AN ILLEGAL GUEST HOUSE ON THIS FLOOR IN VIOLATION OF MCD AND DELHI POLICE ACT LAWS. THIS MATTER TOO WAS REPORTED TO MCD AND THE POLICE DEPT BUT NO ACTION.

MY QUERY IS:

SHOULD I FILE A CASE IN HIGH COURT SEEKING MANDATORY INJUNCTION AGAINST BROTHER , POSSESSION OF PROPERTY, MESNE PROFITS AND MANDATORY INJ FOR MCD TO DEMOLISH AND POLICE TO STOP GUEST HOUSE , ALL IN ONE PETITION AS SUGGESTED BY MY LAWYER OR

SHOULD I FILE SEPARATELY A WRIT AGAINST POLICE AND MCD

AND FILE A SEPARATE SUIT FOR POSSESSION AND MESNE PROFITS.

KINDLY ADVISE AND THE REASONS FOR YOUR ADVICE.

I REPEAR MY LAWYER SAYS THAT THE WRIT IS TIME BARRED WHICH I FEEL IS WRONG AND HE SAYS THE UNAUTHORISED CONSTRUCTION IS DISPUTED WHICH IS NOT.

WHEN I REPORTED TO MCD IN 1999 ABOUT THE UNAUTHORISED CONSTRUCTION IT RAISED THE TAX CITING CONSTRUCTION ON SECOND FLOOR AND SO IT IS EVIDENT THAT IT WAS AWARE OF THE UNAUTHORISED CONSTRUCTION BUT DID NOT ACT.

KINDLY ADVISE

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Devajyoti Barman (Expert) 06 August 2010
You can still now can file the writ against the misfeasance of the public authorities as well as civil suit for the reliefs as mentioned above. But you have to file a single suit praying the reliefs as mentioned above in stead of filing two different suits.

Querist : Anonymous (Querist) 06 August 2010
SIR A BIT OF A CLARIFICATION

SO YOU SUGGEST THAT I FILE A SINGLE SUIT AND SEEK ALL THE RELIEFS MENTIONED.

AND STILL FILE THE WRIT PETITION AGAINST THE MISFEASANCE OF THE PUBLIC AUTHORITIES

WOULD IT BE ADVISABLE TO DO SO SIMULTANEOUSLY

REGARDS

REGARDS

VINAY KALA.

s.subramanian (Expert) 06 August 2010
yes.you can do both simaltaneously.

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