My bold reply to MCD Delhi ???
Querist :
Anonymous
(Querist) 08 January 2011
This query is : Resolved
Today only I was served (though improperly) a show cause notice by MCD. Here is my reply to that notice.Please comment what can be the result.
Respected Sir/ Madam,
A show cause notice from your side has been thrown in front of my house on 07/01/2011.Though I have given a reply of this notice on 07/01/11 but as I could not get sufficient time to prepare this notice so a few vital points remained unmentioned. Hence this second reply is being given. I strongly oppose the contents of your notice hereby. And I am giving here below the causes one by one, describing why the construction alleged as unauthorized should never be demolished by you.
1. Your first allegation that there is some construction going on right now, is quite baseless because right now there is no construction going on in this flat.Whatsoever construction has been done that was done approximately more than ten years back.
2. And that construction was never unauthorised, rather it was authorised by the officials of all the responsible Authorities (like Delhi Police, Delhi Development Authority etc.) at that time. Otherwise how can a construction be done and sustain for more than 10 long years, after all it was not a needle, which could not be noticed by the Police Officials or the DDA Officers or any other Government Officers. Hence no question arises of demolishing the construction in question.
3. And this was not the single construction done in this colony but almost every flat of this colony was constructed like this. In fact, there was an oral assurance given by the Government Officials at the time of construction that a certain amount would be taken from people like me and we would be given in written that our constructions are authorised ones. I was always ready to pay that amount and I am yet ready to pay that amount to get that authorisation letter from your side. But instead of giving me that authorisation letter, you have thrown this show cause notice in front of my house, which is quite an illogical move.
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4. I hereby request to you very humbly to give me an authorisation letter for this construction which is not unauthorised because there can never remain a construction (and similar other 100's of constructions) in the existence for decades without authorisation of responsible authorities like you. I am ready to pay the reasonable charges for getting that authorisation letter so that in future there may not arise such an issue.
If you feel that my contentions are not satisfactory, I hereby ask you to show me the cause of following issues raised by me here below---
1. This show cause notice from your side has been thrown in front of my house on 07/01/2011.This notice was dated 04/01/2011 and a time of only three days was given to reply this letter, which had been already past. This was a clear cut cleverness from your side to cut my legal rights to reply your notice. Please reply why this illegal move was taken from your side?
2. Further there was an instruction to appear before you, but there was no address in this letter which specified where to appear in front of you.This was another cleverness from your side to cut my legal rights to reply you. It seems to me that you took this move knowingly so that I might waste time in finding out your office and may not respond to you in time. Or you please reply that why this second illegal move was taken from your side ?
3. How can you declare the constructions in a colony as unauthorised which were built during a time period of 10/15 years?
If these constructions were unauthorised then how these, more than 300 constructions came into existence?
Were these construction some thing invisible to you or other Govt. Officials responsible for checking unauthorised constructions ? Please reply.
4. And how can you choose one or two constructions out of these so many constructions of this locality to demolish and how can you choose this locality of
{Continued till page 3 --every page signed by the respondent}
Paschim Vihar, New Delhi only to demolish while there are numerous other constructions built in other colonies of Paschim Vihar, New Delhi only? Please reply.
Please furnish me a copy of that certain law which gives you permission to choose and target some particular constructions and declare them as unauthorised and leave others, in a single locality.
5. If our constructions were unauthorised, then it was the duty of the concerned authorities like MCD to check people like me from building these constructions but these authorities failed in doing so. The Officials of these authorities never raised any objections while these constructions were going on. Now after the passage of decades, you are suddenly declaring our constructions as unauthorised and threatening us to demolish these constructions. Please reply, what legal rights you have to demolish these constructions which could never come into existence without the consent of concerned authorities like MCD? These were buildings, not ants which could not be noticed by the Officials of concerned authorities like MCD. And these were hundreds in numbers, not one or two constructions, which could not be noticed by the Officials of the concerned authorities like MCD. Please reply that, who else, except concerned authorities like MCD, are responsible for the existence of these constructions and if these are demolished, who else, except the concerned authorities like MCD, should compensate people like me?
Please note that by all these above reasoning, I do not mean to offend you at all, but I only mean to show you the causes, as asked by you, that why the construction declared by you as unauthorised, should not be demolished,.
Amit Minocha
(Expert) 08 January 2011
In my opinion you reply is completely hostile and by writing such language you should first assess the max. loss which you have capacity to bear. Merely by pointing others wrongs your 'wrong' doesnot become 'right'.
Querist :
Anonymous
(Querist) 08 January 2011
Amit Minocha, sir, thnx that U replied.
But do you think that my writing is unreasonable?
Mine wrongs are not completely mine wrongs,100's of other people were doing similar wrongs since last 15 years and MCD took no action-then how people like me are only responsible?
I felt that I had no option except showing the Officials their real face otherwise I had to admit that I had done some thing wrong and done some unauthorized construction and then there would have been no option except accepting their words and deeds now at least they would have to think hundred times before taking any action against me.
Please guide further.
