Is a fabricated structure raised on the roof without approval of mcd legal
BRIG SHYAM HANDA
(Querist) 19 May 2015
This query is : Resolved
On roof top of a 50 yrs three story house Under the garb of temporary shed a fabricated shed with bath room and tiled flooring and AC fitted room has been constructed without MCD approval. The mounty on the staircase way to to roof is used as kitchen. With water and electricity connection obtained illegally roof where no dwelling space was available is now shown as residential floor.
Is it legally permitted ? In case MCD is helping in the illegal venture how to haul it up for removal of the structure?
Whats is the remedial action available to the other occupants of the building who have been denied access/ facing inconvenience to reach out to their water tanks located at the roof?
An urgent help is required in the matter please.
Guest
(Expert) 19 May 2015
Dear Brigadier Shyam Handa,
It would be better to contact the MCD, as the experts should not be expected to advise for harming some one else.
BRIG SHYAM HANDA
(Querist) 20 May 2015
Dear Mr Dhingra Thanks for the comments. But perhaps the contention is misunderstood. Query is regarding illegality and impropriety which has deprived someone legitimate right of use of space.What useful purpose will be served to contact MCD, staff was hand in gloves with the law breaker in such activity. Despite stating the said structure is illegal to the complainant allowed it to come up. It is really unfortunate to find legal expert feeling that seeking advice to restore lost legitimate right through corrective legal recourse means harming someone. In my opinion then no justice can be delivered in any legal dispute.
Rajendra K Goyal
(Expert) 20 May 2015
Lodge complaint with the police and the MCD.
Guest
(Expert) 20 May 2015
Dear Brigadier,
I wonder if your original query makes even a passing reference of legitimate right of use of space by the other residents with reference to the provision in the respective lease/transfer deeds, if denied legitimate right of use of space as compared to the documents of the structure owner.
Complete description of the real problem to the rightful persons is required to be given with reference to their property papers.
I wonder further, if a person of the status of a Brigadier assumes as if the experts can give opinion about legality of the structure without examination of documents by merely presuming that the structure would definitely be illegal.
Even if I say that it is not legally permited, the legal recourse only rests with the MCD, as you cannot directly drag any person in to a court of law for and on behalf of the MCD, so far as the structure is concerned. Thatr rests with the MCD to prove that illegal if not approved and to take action to demolish the structure.
However, short of any opinion on whether legal or illegal, if the owner of the temporary structure denies access to reach out to their water tanks located at the roof, the other residents can lodge complaint with the police, provided their lease/ registered sale deed contain the provision for free access to the roof top. Police is supposed to help get the approach to the water tanks of the other occupants of the building.
So far as inconvenience to others is concerned, that has no relevance and cannot be resorted to by causing inconvenience to the upper floor owner. That solely depends on the contents of the lease/ transfer deeds of the residents, which can be the right source of guidance to them to form any definite opinion. So, better consult some local lawyer on the issue by showing your property papers to him.
BRIG SHYAM HANDA
(Querist) 20 May 2015
Thanks Mr Dhingra and Mr Goyal. One should not be surprised if it is informed during erection of structure in clandestine manner both police as well as MCD staff Bldg dept visited the site number of times but except verbal warnings to the person, nothing more was done. Once structure was raised the complainant was simply advised to move the court. As per MCD BYE-LAWS temporary structure which can be opened and moved is permitted.According to the Master plan of Delhi No of dwelling units as per size of the plot are restricted. And also place which was not not under use for living, cannot be overnight converted into dwelling unit. Are such stipulations taken into consideration to determine the legality or illegality of the additional modification?
Guest
(Expert) 20 May 2015
Dear Brigadier Shyam Handa,
Although you have not yet informed, what nature of complaint you filed with the MCD or the police, if I am not wrong, your complaint seemed to have been aimed at the illegal structure, not as denial of access to the water tanks of the residents. WAY OF REPRESENTATION MATTERS MUCH AND SHOULD BE DRAFTED IN A RIGHT MANNER TO BE CAPABLE OF GETTING APPROPRIATE ATTENTION BY THE AUTHORITIES TO FETCH SOME RESULTS, not to look like, as if you intend to harm interest of someone else. Your inital query also looked alike.
Since your partial and piece meal facts may NOT render you any useful advice that is why I suggested you to meet personally with some local expert alongwith documents to have his advice.
