Unauthorized construction booked by mcd
Bk Periwal
(Querist) 22 June 2022
This query is : Resolved
I have seen builder mafias buying the properties booked by MCD for unauthorized construction. What is status of such Sale Deed under law purchased by the the builder mafias?
Bk Periwal
(Querist) 23 June 2022
I wanted to know what legal rights are derived when someone knowingly buys a property booked by MCD for unauthorized construction. Can such owner get new water and electric connection? Can such owner go to court for ad-interim or permanent injunction for any benefits? If a buyer of unauthorized construction booked by MCD is permitted all legal benefits what justice remains in favor of law-abiding citizens? Is the Sale Deed VOID and no legal benefits available?
kavksatyanarayana
(Expert) 23 June 2022
No. It is not advisable to buy such a property.
Bk Periwal
(Querist) 23 June 2022
I agree it is not advisable. But I want to know the legal consequences if a person buy the property booked by MCD for unauthorized constructions. Only Vendor and Vendee has right of remedies under law to exercise. Obviously both will remain silent and enjoy the illegal gains. Does Court has jurisdiction to take sue motto and cancel such Sale Deed? If not how the faith and confidence of law abiding citizens in rule of law shall reinstate?
kavksatyanarayana
(Expert) 24 June 2022
The court can not take sue motto action but any public put a case, then it may take further action on the merits of the case.
Bk Periwal
(Querist) 26 June 2022
Thanks for the reply. But filing suit of a person other than Vendor and Vendee the law-biding citizen is required to pay stamp on the value of the suit property. On the one hand we assist the court against violations and on the other hand we are to pay stamp duty. Who will do so? Vendor and Vendee of unauthorize construction enjoy the illegal gains is the pity situation of law.
P. Venu
(Expert) 28 June 2022
There cannot be any definite suggestion. The consequences of such activities depend upon the socio-political situation as well the ethos prevalent in particular State/ local body.
Bk Periwal
(Querist) 29 June 2022
Thanks. Understood. We have no law against unauthorized construction.
Bk Periwal
(Querist) 08 March 2023
Is the contract forbidden under law if I buy an unauthorized construction booked by MCD?
