Upgrad LLM

reply to mcd comlain against building a room on terrace

Dear Sir/Madam,

One of my friends owns 4th floor ( top floor of the building) along with terrace right in Jamia Nagar, Okhla, New Delhi  110025. It is in an unauthorized colony. There was one room on the terrace and a washroom since the day he bought his flat. He is the first owner of the flat. He was trying to build an additional room on the terrace for which MCD complain was raised by the owners of flats in the same building saying that this building is not strong enough to bear the weight of an additional room on the terrace. And also they dialled 100 to call the police which eventually came.

Now he has stopped building that additional room.

Later he got a legal notice asking me to demolish the incomplete structure else they will move to court.  After that notice, he also demolished the incomplete structure from the roof.

There are two questions.

1) How to respond to the MCD complain now.

2) Is there any threat to already built room and a washroom. If yes what kind of threat. I am being threatened by one flat owner that even one room and the washroom on the terrace will be demolished by MCD. Other flat owners are ready to testify that one room and a washroom was there since day one.



Retired employee.

In India, nothing is certain and it all depends on whims and fancies of  MCD.  They may either ignore the violation or if the complainants follow them they may initiate further demolition as per laid down process after giving notice; only after receiving such notice your friend may contact a local advocate for a suitable remedy.  Members can not guide on the future action of MCD.


Dear querist,

You have to approach court for stay otherwise they may proceed to intiate demolition. Visit planning department and meet the officers.

ha21@rediffmail.com Mumbai : 9820174108

1. IF the entire colony & building itself is illegal & unauthorised, THEN MCD has authority to demolish the extra room on terrace and also demolish the entire building.  Inform this to the complainant co-resident.

2. Preemptively & Tentatively, you can obtain a Civil Court Stay order, restraining MCD into taking any action. Also you can "attempt" to apply to MCD for regularization of the terrace room, by paying relevant penalty and giving proper undertaking.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com



Thank you so much for all the replies. I still have one query. 1) Do we need to do anything for the complaint filed to the MCD? Police are asking to submit the complaint withdrawal letter from the complainant. My friend is still to receive any notice from the MCD.


Thanks and Regards,





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