User Query: I have spent yet another sleepless night. And it’s again about the demolition drive.
I stay on a legally sanctioned third floor in Lajpat Nagar. The Supreme Court’s latest ruling stays the construction of an additional third floor on new buildings. However, this order doesn’t specify anything about existing buildings. But the MCD has stopped accepting penalty charges for regularisation of overbuilding on the third floor. The amnesty scheme will finish on May 30. I believe the court will also adjourn for the summer soon. We have no idea where all this leaves us. Have my investments gone down the drain or is it that the SC says there will be no new third floor sanctioned. The MCD says it does not know.
- Priya Yadav
Magicbricks Research moderator says: Dear reader, have you been affected by the drive? Is your house/shop on the third floor? Do you feel threatened by this order? Can residents be penalised for obtaining sanctions for buildings that were passing muster till now?
Let us know what you feel on this topic. Share your views here.
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MCD should be bothered with serious issues like encroachments etc. Insted they waste their energy in such politically motivated chores.
ReplyDelete- Vishal
what an utter imbroglio! and that too caused by the supposed governers of our society. Have an aunt who has invested her lifelong savings in a 3rd floor home, thinking she is secure for life. But alas, thanks to such insensitive lawmakers, she is spending sleepless nights!
ReplyDeleteIt is crazy that the Supreme Court could come up with such arbitrary measures. If it was illegal in the first place, then construction of the third floor should not have been allowed. If they are in their right senses, they cant be demolishing buildings which they didn't object to, earlier.
ReplyDeleteIts the construction mafia hand in hand with the Supreme court and Sonia Gandhi. Demolish in Delhi and all new construction prices would go up in Gurgaon, Noida, etc..
ReplyDeleteBoo to the land mafia..
ReplyDeleteI second your opinion Priya… this stay order has created commotion and turmoil in lives of many. Our apex court should be more sensitive to public concerns before passing such orders!!!
ReplyDeleteYa, our apex court has been very arbitrary time and again.
ReplyDeleteWonder if any of the supreme court judges have invested their money in third floor apartments. Why dont they go after Sainik Farms for a demolition drive. I've heard there are a large number of past and present judges who own farmhouses there.
ReplyDeleteVishal
Rupee Times
This MCD mess is just too specious. There is no value of a government official’s resolution. Seniors take decisions and successors grade them void.
ReplyDeleteMCD is unjustified in its stand...it should take care of the illegal constructions in delhi & ot be bothered abt the already constructed buildings!! it should at least think abt the residents...atleast once, for god sake!!!
ReplyDeleteAshu Gupta
my ony request o the higher authorities is that please thik about the common man before you pass any such resolutions....what if yuour house was being knocked off? What if your shelter was being razed down? How would you feel?
ReplyDeletei stay in 4th floor. but the suprem court order is not right for those have already 3th or 4th floor and they are paying all taxes also. so its justify and not right.
ReplyDeleteI just have one question... If the MPD 2021 had approved the third floor n also gave sanctions to many...where was SC then... was it sleeping??... Is this a modus operandi followed by authorities...first to collect money by giving sanction n then by demolition the sanctioned property...If SC by any chance goes ahead with this ruling... it would prove that how fickle minded the govt is... who would trust such a govt. then???
ReplyDeleteWell i think this is downright ridiculous. What is the point behind this new ruling, what is the need for this?! Random is the word.what with demolition that we've already seen, the rubble is just sitting their on the roads, making the city look hideous. And how exactly do they plan to wreck the homes of the innumerable people who've spent all their money constructing their third floors when it was legal? arbitrary, unnecessary, useless.
ReplyDeleteObviously the judges of the supreme court are more exprienced than any of us. they think from every angle and then can give any decision.so hope fully lets wait for the final order.there must be some good reason for all this.we should first find that reason rather than prejudging.and if third floor is really a setback in the city development then what is happening is all right. if something was going till now then it must be continuing even if that is wrong; no it is not the case. it is never late to take a right step. and government and court should think about those people who will suffer from this decision.
ReplyDeleteThis is not a fair ruling!!i am going to be affected by this.how can they make such arbitrary ulings randomly?!?! Havent they thought of all the people gonna be affected? why dont they use their time and money on improving real problems?
ReplyDeleteFirst the sealing and then this third floor disaster. why government is making life of delhites miserable? Both earning and living in delhi has become a serious issue. Why don't government think about these demolitions in advance especially at the time of collecting taxes. And if these third floors are road-blocks in the way of development then all high rises of gurgoan and noida should also be removed....Supereme court decision is a later thing but i think the only idea of restricting third floors construction is weird.
ReplyDeleteWhy is the government coming up with these not-so-brilliant plans now?? Sealing and demolishing doesnt make sense at this stage...these byelaws and/or rules or regulations should not be applicable to at least premises that have been liven in for years now!!
ReplyDeleteThe MCD & SC war, common man suffers & politicians remain unconcerned. Sadly we call ourselves a democracy for the people, by the people & of the people. Bulldozers roll, protests occur but the layman still has to pay. Who cares, certainly not the politicians, does SC - that too is doubtful. Where it goes from here no one knows but the commoner has to suffer for sure. Sometimes it makes one wonder if democracy has indeed been a blessing for us
ReplyDeleteI believe Supreme court has taken a right decision at this time. Otherwise, it wud have been late, had SC not acted on time. Coomonwealth games are coming and we have to present one good picture of Delhi as well. Also, the money hungry landlords will keep on adding floor as they will get more money out of every additional floor. Good SC tried to find a solution to the problem.
ReplyDelete- Sumit Chaturvedi
SC seems justified in its stand. At least they are trying to crop the wings of land mafia and landloards. There is just no body to hold them accountable for shoddy constructions and unsafe buildings. Let us try to understand the micro issues involved in this debate and not crib about major decisions
ReplyDeleteWhat justification is blossoms taking about??????? has anyone thought about the suffering of those whose houses wll be declared 'illegal'. What if it was to happen to you? What if the house that you bought from yur life-long savings is decalred 'illegal' by some ridiculous ruling?
ReplyDelete-Arun Sharma
India is a developing country, but our government doesn't seems much interested in this. Rather than making constructive changes in the capital like maintenance of roads and amenities,they are issuing destructive plans.... HOPE supreme court takes the right decision, other wise people will lose their confidence in democratic ruling.
ReplyDeleteI wonder if SC has actually weighed down the pros and cons of this order. An additional third floor will not hamper the regular order of a society. Joint families choose to stay in this kind of arrangements only. People actually earn their livelihood by using their other floors as office. SC will just add to the woes to Delhi residents who are already coping up with nightmarish traffic, bumpy roads and electricity and water issues.
ReplyDeleteAn order like this will just bring unwanted nuisance to people.
- Shagun Dayal
All i hav to say is that the court and MCD shud let Let ppl live. dont make somebody's life miserable by passing useless rulings
ReplyDelete-Dhananjay
i think SC has forgotten the age old saying....LIVE AND LET LIVE.....there seems to be no justification in the orders passed.....SC should atleast give a thought to the residents who have invested their savings in their homes.....SC should have been more active and cautious when these "illegal constructions" were being done.....law bodies have been made to let people have peaceful sleep rather than making the night sleepless for them.....public convenience should be their motive
ReplyDeleteIF, UNDER MASTER PLAN OF DELHI 2021, EXISTING PROFESSIONAL ACTIVITIES IN BASEMENTS IN RESIDENTIAL AREAS IS PERMISSIBLE;
ReplyDeleteAND IF SOME OF SUCH BASEMENT HAS BEEN WRONGFULLY SEALED;
AND IF DESPITE ALL THE RUNNINGS AND REQUESTS (IN PERHAPS UN-NECESSARY COWED-DOWN MANNER UNDER UTTER CONFUSION, STRANGE FEARS AND APPREHENSIONS) TO MONITORING COMMITTEE AND MCD OFFICES FOR A NUMBER OF MONTHS AND FACING MOST NON-COOPERATIVE AND DENYING ATTITUDE AT EACH AND EVERY OFFICE MET OUT TO AN INDIAN CITIZEN/CITIZEN OF DELHI, NO REASONS GIVEN, NO INFORMATION GIVEN, NOTHING HAS BEEN DONE, IN MY OPINION, TO RESPECT, IMPLEMENT AND RESTORE THE STATUS UNDER THE PRESENT DAY LAW (MPD-2021-that Existing Professional Activities are permitted in Residential Basements);
THREE FULL MONTHS OF SEALING (wrong Sealing,to the best of my knowledge) ARE ENOUGH TO MAKE THE CITIZEN A BROKE ON MANY FRONTS INCLUDING FINANCIALs;
WHO IS RESPONSIBLE ? WHO IS TO BE BLAMED ? WHAT ABOUT LOSS SUFFERED BY SUCH CITZEN ?
WHERE TO GO FOR A SOLUTION, SINCE LEGAL PROCESS THROUGH COURTS OF LAW IS COSTLY and TIME CONSUMING ?
DELAYING THE ACTION AND HOLDING IT UP TILL SOME OUTCOME OF THE SC HEARING ON A NEARBY DATE IS PERHAPS NOT LINKED WITH AN ALLOWED (UNDER MPD-21) PROFESSIONAL ACTIVITY WRONGLY SEALED. IF, SOMEHOW, IT IS NOT WRONGFUL SEALING, THE REASONS NEED TO BE INFORMED;
AS I SEE IT, THE PRESENT DAY LAW SHOULD BE/(is supposed to be) RESPECTED BY ALL OF US INCLUDING CITIZENS AND AUTHORITIES; UNLESS THERE IS SOME UNWRITTEN LAW OR LEGAL GUIDELINE TO DISCOURAGE SUCH ACTIVITIES DESPITE IT BEING ALLOWED UNDER EXISTING LAW IN FORCE.
WHAT TO DO ?
ReplyDeleteIF, UNDER MASTER PLAN OF DELHI 2021, EXISTING PROFESSIONAL ACTIVITIES IN BASEMENTS IN RESIDENTIAL AREAS IS PERMISSIBLE;
AND IF SOME OF SUCH BASEMENT HAS BEEN WRONGFULLY SEALED;
AND IF DESPITE ALL THE RUNNINGS AND REQUESTS (IN COWED-DOWN MANNER UNDER UTTER CONFUSION, STRANGE FEARS AND APPREHENSIONS) TO
MONITORING COMMITTEE AND MCD OFFICES FOR A NUMBER OF MONTHS,MOST NON-COOPERATIVE AND DENYING ATTITUDE AT EACH AND EVERY
OFFICE MET OUT TO AN INDIAN CITIZEN/CITIZEN OF DELHI ?
WHAT TO DO ?
TILL NOW, TOTALLY IN DARK, EVERY TIME, GETTING ALMOST SCOLDED BY BABUS PROVIDING COVER TO ACCESS TO INNER OFFICES WHERE
OFFICERS/AUTHORITIES ARE SEATED; NO REASONS GIVEN, NO INFORMATION GIVEN, EXCEPT SOME TIMES THAT 'WE WILL DO WHATEVER IS
POSSIBLE BUT YOU NEED NOT COME HERE AGAIN' ;
IN ABSENCE OF ANY INFORMATION PROVIDED TO THE CITIZEN, ALL THAT CAN BE SAID IS THAT NOTHING SEEMS TO HAVE BEEN DONE, TO
RESPECT, IMPLEMENT AND RESTORE THE STATUS UNDER THE PRESENT DAY LAW (ie. refer to MPD-2021-that Existing Professional
Activities are permitted in Residential Basements); AND UNDO THE WRONGFUL ACTION OF SEALING;
WHAT TO DO ?
THREE FULL MONTHS OF SEALING (wrong Sealing,to the best of my knowledge) ARE ENOUGH TO MAKE THE SUFFERING CITIZEN HIGHLY
ANNOYED AND A BROKE ON MANY FRONTS INCLUDING FINANCIALs;
WHO IS RESPONSIBLE ? WHO IS TO BE BLAMED ? WHAT ABOUT GREAT INCONVENIENCE AND LOSS SUFFERED BY SUCH CITZEN ? WHAT CAN BE DONE
AND HOW ?
WHERE TO GO FOR A SOLUTION, SINCE LEGAL PROCESS THROUGH COURTS OF LAW IS COSTLY and TIME CONSUMING ? AND THE SCENEREO ON ALL
SUCH VISITS TO DIFFERENT OFFICES HAVE CLEARLY MADE YOU FEEL THEM SAYING " ... O.K. , YOU GO TO COURTS IF YOU WANT TO "
OVERHEARD.. THAT DE-SEALING NOW WILL BE CONSIDERED ONLY AFTER SOMETHING HAPPENS ON THE DAY OF HEARING BEFORE THE SUPREME
COURT ON A NEARBY DATE IN JUNE,08.
BUT DELAYING THE ACTION AND HOLDING IT UP TILL SOME OUTCOME OF THE SC HEARING IS IN NO WAY LINKED WITH AN ALREADY
ALLOWED/PERMITTED PROFESSIONAL ACTIVITY (UNDER MPD-21) WRONGLY SEALED.
YET, SINCE HON'BLE COURTS ARE UNDER GREAT PRESSURE ALWAYS, THE COURTS' DATE OF HEARING MAY GET FURTHER ADJOURNED AND THE
MATTER MAY LINGER ON TILL SAY, 2010 OR BEYOND ?
IF, SOMEHOW, IT IS NOT WRONGFUL SEALING, THE REASONS NEED TO BE INFORMED IN WRITING / IN CLEAR TERMS;
AND IF IT IS REALLY WRONGFUL SEALING, AS IS THE CASE HERE, SHOULD NOT THERE BE AN IMMEDIATE REACTION ON PARTS OF ALL
CONCERNED; TO IMMEDIATELY UNDO SEALING IN SUCH CASES AND RECTIFY ERRONEOUS COMMISSION OF VESTED POWERS AGAINST A CITIZEN WITH
OR WITHOUT EXPRESSION OF REGRETS ?
FAST AND PROMPT ACTION NEED BE INSTRUCTED TO THOSE CONCERNED; TO UNDO WRONGFUL SEALINGS IMMEDIATELY AND WITHOUT FOOT-BALLING
THE CITIZEN BETWEEN DIFFERENCE OFFICES / AUTHORITIES. THE CITIZEN CONTRIBUTES AND COUNT AND MAKES A CITY.
THE PRESENT DAY LAW SHOULD BE/(is supposed to be) RESPECTED BY ALL OF US INCLUDING CITIZENS AND AUTHORITIES;