How a person can stop MCD from demolishing house?


The Procedure to stay Municipal Corporation of Delhi order for demolition of building are:
(1) Obtain 342 votes from people who reside in that area,
(2) You can file a suit against Municipal Corporation of Delhi in district court or writ petition in High court or supreme court you have to satisfy the court that building is not in a unhabitable condition and you must have acceptable grounds to prove that municipality has issues erroneous demolition notice to you.

On grounds of sympathy, the Supreme Court (SC) had ruled that temporary injunction should not be denied as it would amount to illegality.

Also, occupants of such a property will always be informed about the timeline by which they should vacate the premises with bag and baggage.

Once the notice is served, the occupant has time to go to court to seek a stay order and the court will give enough time to show cause.

A temporary suspension of a proceeding mandated by the court requires a stay order. A court will give a stay order if it thinks that the rights of a party (occupants) are threatened.

The MCD will stop for temporary time and after that you can file the writ petition in the High court (article 226) and Supreme court of india regarding it.

Reference: Section 31C of the Delhi Municipal Corporation Act, 1957; Section 347A of the Delhi Municipal Corporation Act, 1957; and Section 347C of the Delhi Municipal Corporation Act, 1957



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