If your property has been sealed by MCD (Municipal Corporation of Delhi) for illegal construction, then you can get it regularized by paying the penalty. This process is called desealing of properties by MCD. Desealing is of two types: Permanent de-sealing and temporary de-sealing. In permanent sealing, you need to give an application with all documents relating to your property to the Monitoring Committee. Thereafter, the matter will be placed before the Monitoring Committee property desealing for hearing and it will give an outcome. For temporary de-sealing, you need to hand over an application to the Municipal Commissioner. Thereafter, the MCD officials will check your property to de-seal it. We at Your Property Doctorcan help you immensely in the desealing process.
• The commissioner will order any authorized person to seal unauthorized constructions under section 345A of the Act.
• A copy of the order will be delivered to the owner of the unauthorized premises after sealing of such premises. If the owner is not available, the copy will be pasted at the place of the unauthorized construction.
• The owner of the premises, whose premises has been sealed may get a certified copy of such order from the commissioner.
• The municipal employee or municipal officer may prepare a rough plan or sketch of the unauthorized construction, before the sealing of the unauthorized construction.
• The municipal employee or municipal officer may seal the opening or outer door of the building, where the unauthorized construction has been made.
• If any unauthorized construction ordered to be sealed is found to be locked, the municipal officer or any municipal employee may break the lock to ensure that unauthorized construction is secured from within and then lock and seal the premises.
• The premises shall be sealed with the seal of the Municipal Corporation. It shall remain the custody of an officer duly authorized by the commissioner.
• Finally, the municipal officer, who was ordered to seal the premises, shall inform in writing to the police station of the area, where illegal construction is located.
• The property will be de-sealed if the case was covered as per principles—making out a prima facie case; showing balance of convenience in one’s favor; whether on denial of injunction one would suffer an irreparable loss.
• Any property that has been sealed without passing order or notice will be de-sealed.
• A property will be de-sealed if respondents are willing to file undertakings before the MCD commissioner that they would not misuse the premises and would abide by the same for residential purpose.
• The MCD cannot seal a property acting ultra vires the provision of law.
• When the defendants have given an unequivocal and clear undertaking to vacate the suit property after de-sealing, the dispute with regard to physical vacant possession of the suit property will be finally settled between the parties.
• If the ex-management has undertaken to pay all dues immediately and abide by all the conditions, there can be no hurdles in allowing the factory premises to be de-sealed and handed over to the ex-management.
• If it is found that construction or building raised on a sub-divided plot or any part thereof is in terms of Municipal and building bye laws and it has been sealed, the same shall be de-sealed.
• The premises will be de-sealed if the principles of natural justice has not been compiled with.
