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Sanjay Chauhan (Financial Advisor)     08 November 2016

Without sanction plan dda janta flat

Hello Legal Experts,

There is a DDA Janta Flats which is constructed without sanction plan as per DDA (Originally shoulc be 25 gaz) but it is now around in 100 gaz and it is five story building. GR Floor & First Floor rented out and above 3 story are occupied by house owner. Now question is i want to demolished un-auauthorized story which is 3 story of this house apart from GR Floor  & First Floor. Actually all 5 story is unauthorised as per sanction plan but query is for 3 story i.e. 2nd, 3rd and 4th floor. I want to demolished through District court only instead of High Court.

Point 1- As we heard that house ocupied up to 2014 would not be demolished  is it true.

Point 2- Can District court or Appeal court provide the stay to the said house owner.

Point 2- With out PIL or Writ in High Court it is possible to demolished all 3 unauthorised story of the house.

Kindly advise accordingly

Thanks 



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 5 Replies

adv.bharat @ PUNE (Lawyer)     08 November 2016

!) It can be demolished by authority.

2) No stay from authority as structure is constructed with out valid sanction.

3) PIL is preferred as for general interest of public.

Will u appreciate my answer by giving thanks on my Profile?


(Guest)

if the construction is unauthorised the building maybe demolished.

Regards,
Rit Arora
Advocate
7838737001

Sanjay Chauhan (Financial Advisor)     08 November 2016

Originally posted by : Adv Rit Arora

if the construction is unauthorised the building maybe demolished.
Hi Mr. Rit, The said building was constructed in the yera 2006 and in MCD

it it already booked earlier also but no demolition has been done and as on today

fully occupied, there is some possibility of demolition through district court.
Regards,
Rit Arora
Advocate
7838737001

 

Sanjay Chauhan (Financial Advisor)     08 November 2016

Originally posted by : adv.bharat @ PUNE

!) It can be demolished by authority.

2) No stay from authority as structure is constructed with out valid sanction.

3) PIL is preferred as for general interest of public.

Will u appreciate my answer by giving thanks on my Profile?

Hi Sir, The said building was constructed in the yera 2006 and in MCD

it it already booked earlier also but no demolition has been done and as on today

fully occupied, there is some possibility of demolition through district court.

 

Sanjay Chauhan (Financial Advisor)     11 November 2016

Hello Legal Experts,

There is a DDA Janta Flats which is constructed without sanction plan as per DDA (Originally shoulc be 25 gaz) but it is now around in 100 gaz and it is five story building. GR Floor & First Floor rented out and above 3 story are occupied by house owner. Now question is i want to demolished un-auauthorized story which is 3 story of this house apart from GR Floor  & First Floor. Actually all 5 story is unauthorised as per sanction plan but query is for 3 story i.e. 2nd, 3rd and 4th floor. I want to demolished through District court only instead of High Court.

Point 1- As we heard that house ocupied up to 2014 would not be demolished  is it true.

Point 2- Can District court or Appeal court provide the stay to the said house owner.

Point 2- With out PIL or Writ in High Court it is possible to demolished all 3 unauthorised story of the house.

Kindly advise accordingly

Thanks 


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