MCD Demolition Notice Delhi: Urgent Legal Remedies & Stay

Mandatory Building Sanction Rules under Section 332 DMC Act and Section 237 NDMC Act

reconstructed without the sanction of the concerned authorities or contrary to the sanctioned plan, then the authority after following due process of law can take consequential action by passing sealing order or demolition order.

Recently, it was seen that after the collapse of a building in Satya Niketan, Delhi, the municipal Corporation of Delhi comes in action and commenced a demolition drive against illegal and unauthorized constructions. Section 332 of the Delhi Municipal Corporation Act, 1957 (for short DMC Act, 1957) and section 237 of the New Delhi Municipal Council Act, 1994 (for short NDMC Act, 1994) both makes it mandatory for the owner of the building to obtain the sanction before commencing any construction in the building situated in the territories of Delhi. If any building constructed or

Overnight Bulldozer Action vs. Due Process: Why Arbitrary Demolition is Unlawful

It is a fine morning of 24th January. A, the owner of property bearing address X situated in Delhi, is constructing his building without obtaining the sanction from the concerned authority. The morning calm is suddenly shattered by the sharp ring of the doorbell. The Postman standing at the door and handed A, an envelope which contains a demolition order. Next day, officials of Municipal Corporation of Delhi come with bulldozer to demolish his building on the ground of unauthorized construction and demolishes his building. Such an act of the State is considered to be demolishment of justice rather than demolishment of building because of absence of observing the due process of law laid for taking such an extreme action of demolishment against any building.

Law on Demolishment of Building in Delhi

Due process of law imposes several obligations on the Chairperson (in case of NDMC) or Commissioner (in case of MCD), before passing the order of demolition of building against any person. If the authority is unable to follow the procedure laid by the statute conjointly read with the Hon’ble Supreme Court judgement, then any demolition in pursuance of such order is said to be an illegal demolition irrespective of the fact the construction is unauthorized.

1. The Commissioner or Chairman (as the case may be), is obliged to serve the show cause notice the owner/ the person at whose instance property is constructed. By show cause notice a reasonable opportunity of being heard by personal hearing is provided to owner or the person at whose instance property is constructed that why the demolition order of his building should not be passed against him.

2. The show cause notice must contain the following particulars otherwise it will not be considered valid notice:

A. Nature of unauthorized construction.

B. Details of specific violation and the grounds of demolition.

C. List of documents required to be furnished by the notice in the personal hearing

D. Date of personal hearing and the details of designated authority before whom the hearing will take place.

3. By the show cause notice the authority also gives a direction in order to provide the owner/ the person at whose instance property is constructed, an opportunity to demolish the unauthorized construction within 15 days from receipt of the show cause notice.

4. On the failure of the person to comply with the order within 15 days from the date of receipt of notice or failure to attend personal hearing or order passed after the personal hearing before the designated authority, the commissioner may himself cause the demolition of unauthorized part of the building.

5. However, passing of demolition order does not means the officials can come to your door with bulldozer rather they are obliged to prepare a detailed inspection report. Lastly, the demolition order shall be implemented after 15 days from receipt of the demolition order.

Relief

1. Stay of demolition order from the Appellate Tribunal.

2. Quashing of demolition order.

3. Damages and action against officials if due process of law is not observed, by way of appropriate proceedings.