Case filed by mcd for unauthorized construction
BHARAT NARULA
(Querist) 23 October 2015
This query is : Resolved
We had a 200 sq yard plot due to construction in nearby house it developed so many cracks as it was 40 years old . So we decided to rebuilt it but by selling 70 sq yard from it . It was made by builder as he told us that he will get the map approved but later on he told as plot has bifurcated the map cannot get approved by mcd . Mcd came and demolished the unauthorized construction at that time . We made our home now again we got to know that they have filed a case against us in police station . We are confused now what to do now . Also we have made our home . Whole of our saving has been used . Also the 70 sq yard we sold is not made yet . Now what are my options as it will be going in the court for hearing . Please give your advice on this . Registry of 70 sq yard has been done . if it was unathorized why registry was done . Why many houses nearby our house didn't get the same notice .
Anirudh
(Expert) 24 October 2015
Registry is concerned mainly about getting the stamp duty and registration fee.
Therefore, do not blame the Registry.
Did you get approval from MCD for reconstruction of the building? If not why not? When you know that for 70 sq.yds MCD has not approved the map, how can you go ahead in constructing on the remaining plot without approval from MCD?
You have to approach a lawyer in your locality, discuss the issue, show the notice which you have got from MCD and also the case which is pending. Act as per the advice of the lawyer. In any case, you have a big problem in your hand.
BHARAT NARULA
(Querist) 24 October 2015
but they have already demolished and we have got a notice of paying demolition charges . Apart from that it says the unauthorized construction for 2 floors that is made on 70 sq yard but we have 3 floors . As it was done bu builder and now he is also absconding and we have been living here for past 1.5 years now
BHARAT NARULA
(Querist) 24 October 2015
could you please also tell me the consequences oth this if I lost the case
Anirudh
(Expert) 24 October 2015
As already told in my earlier post, you have to approach a lawyer in your locality, discuss the issue, show the notice which you have got from MCD and also the case which is pending. Act as per the advice of the lawyer.
K.S.Srinivas
(Expert) 24 October 2015
Consult a lawyer with all the documents and seek his advice.
Rajendra K Goyal
(Expert) 28 October 2015
Consult local lawyer and show him full case file.
T. Kalaiselvan, Advocate
(Expert) 30 October 2015
You have already consulted a lawyer and are moving as per his direction only but approached this forum for knowing any shortcut method to find an escape route. You very well are aware that the construction has been made violating the law but had scant respect for law to avail benefits somehow, now putting blame on the builder is not at all justified.
However, you should find some way to escape by paying penalty for deviation and regularise the construction if possible otherwise challenge the case o the basis of merits in your side.
