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Querist : Anonymous (Querist) 17 November 2009 This query is : Resolved
no action is taken by mcd against complaint of illegal construction how can i force them to take action within time limit i can use rti what after it if nothing happen

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adv. rajeev ( rajoo ) (Expert) 17 November 2009
issue notice u/s 80 of CPC to the MCD to remove the illegal construction. After 60 days of notice file a suit for mandatory injunction against the MCD and the person who has constructed illegally.

G V S Jagannadha Rao (Expert) 17 November 2009
I guess it is not Section 80 CPC. There would be an analogours provisio in MCD Act. Secondly in case of urgency, the Court has power to waive the statutory notice and grant an ad-interim injuction against further construction.

RTI Act is useful only to get information regarding the ownership details, any documents relating to the property, permissions obtained by the builder etc. Beyond that it may not help you.

You may also consider filing a writ against the Corporation for not taking action against your complaint. You may implead the private party ( Builder) and seek injunction against him.

Raj Kumar Makkad (Expert) 17 November 2009
Immediately move to the civil court, obtain exemption under section 80 (2) of CPC therein and seek stay order against ongoing illegal construction in the ground floor of your flat.

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