Virtual Legal Assistant (.) 13 August 2021

Illegal construction

I purchased a commercial property a few months back in Delhi. In the map of the property, there exists an open space.

Whether 'open space' is defined anywhere by the DDA?
Can that Open space be now sold to anyone or any construction can be done over there?

Quick Summary

This discussion addresses concerns about illegal construction on 'open space' within a commercial property purchased in Delhi. The DDA (Delhi Development Authority) defines and regulates such spaces, which are typically for common use and cannot be sold or built upon without specific authorisation. While the DDA may regularise certain constructions under a scheme with penalties, unapproved building can lead to demolition. It's crucial to verify if the property map was approved by the DDA and consult a local advocate to understand your rights and prevent potential demolition.

4 Replies

Dr J C Vashista (Advocate) 14 August 2021

Open space is part of common area for use of all and sundry which can be used but not be sold.

G.L.N. Prasad (Retired employee.) 14 August 2021

The competent authority that may regularize with penalty is DDA under a scheme. You can seek all such information of such approval plan obtained by your seller. You must be aware of the fact that the construction is not having any permission/approvals, and a mere complaint can get the DDA into action for demolishing, as a buyer. Contact a local advocate to plan ahead to stop such likely demolition.