Illegal structure causing security and health hazard
Respected Sir/Madam,
I am a senior citizen, aged 70 years, living in a DDA apartment in Paschim Vihar, New Delhi.
My apartment is located on 1st Floor.
The ground floor apartment is owned by one ex-employee of MCD(Municiple Corporation of Delhi), now expired. However, his family(sons and wife) live there.
His son, is a local builder/broker and wields lot of clout in MCD/Police.
The ground floor apartment inhabitants have encroached upon public land(footpath, drain etc) from 3 sides, also they have put a temporary roof (PVC sheet) to cover there front yard. The PVC sheet runs alongside entire length of our balcony. This extra protruding construction on public land plus front yard covering by PVC sheet has caused us lot of trouble.
Anyone can easily climb in our balcony by stepping on construction done on encroached land, the dirt accumulated and water logged (in rainy season), leading to mosquitoes on PVC sheet is causing us severe security and health hazards.
In the past and recent, our requests to dismantle the structures (on encroached land and roof PVC sheet) have gone un-heard by inhabitants on ground floor apartment.
A few weeks back, we finally, logged a written compliant in MCD (and secured and acknowledgement). However, MCD has failed to take any action.
They quote recent ban by new Delhi Government against all demolitions. We have very little hope that MCD will act on its own.
We are senior citizens and have limited capacity to fight, however, this time we have decided to seek legal intervention and take the matter to some conclusion.
a) What are our legal options?
b) Do we need to fight a very long and protracted court battle? Is it possible for me to approach a higher court directly for a speedy relief?
c) Cannot court simply direct MCD to demolish the offending structures? Is the ban on demolitions by Delhi Govt applicable universally to all colonies (ours is a DDA apartment complex, not an un-authorised cluster)
d) Any experienced lawyers who you can refer to us?
e) Any other advise you would like to give us.
Thanks in advance.
Regards,
BS Juneja
M:+[deleted]
Asked 10 years ago in Civil Law
