APPEAL UNDER SECTION 347B OF THE DELHI MUNICIPAL CORPORATION ACT 1957 STAY ORDER AGAISNT DEMOLITION OR SEALING
Appeal Under Section 347B of the Delhi Municipal Corporation Act, 1957 – Stay Order Against Demolition or Sealing
Appeal Under Section 347B DMC Act | Stay Order Against Demolition/Sealing
Learn how to file an appeal under Section 347B of the Delhi Municipal Corporation Act, 1957 to get a stay order against illegal demolition or sealing. Step-by-step legal guide for property owners.
Introduction
Are you facing a demolition or sealing notice from MCD (Municipal Corporation of Delhi)? Don’t panic. Section 347B of the Delhi Municipal Corporation Act, 1957 offers a legal remedy. This provision allows you to file an appeal and potentially get a stay order against arbitrary demolition or sealing of your property.
This blog explains the appeal process, required documents, and how to protect your property rights with legal backing.
What Is Section 347B of the Delhi Municipal Corporation Act, 1957?
Section 347B of the DMC Act empowers an individual or entity to file an appeal before the Municipal Taxation Tribunal if they are aggrieved by any order, notice, or action taken by the MCD related to:
- Demolition
- Sealing of property
- Unauthorized construction
- Violation of building by-laws
When to File an Appeal Under Section 347B?
If you’ve received a:
- Demolition notice under Section 343
- Sealing notice under Section 345-A
- Notice for unauthorized construction
- Order under Section 344 or 345
You can challenge it by filing an appeal within 30 days under Section 347B.
Documents Required for Appeal
To file an appeal under Section 347B, you must submit:
- Copy of the notice/order from MCD
- Property ownership documents
- Sanctioned building plan (if available)
- Photographs of the property
- Affidavit
- Grounds of appeal
- Application for interim stay order
- Court fee as per applicable rules
How to Get a Stay Order Against Demolition or Sealing?
A stay order is a temporary relief from the Tribunal or court, directing the MCD not to take coercive action until the matter is resolved.
Steps to Get a Stay Order:
- Draft and file the appeal under Section 347B
- File an Interim Stay Application with clear grounds (e.g. building plan was submitted, or no notice was served)
- Mention irreparable harm or financial loss
- Attend the hearing before the Tribunal or Civil Court
- Get the stay granted pending final disposal of appeal
Where to File the Appeal?
Appeals under Section 347B are filed before the Municipal Taxation Tribunal, Delhi or appropriate Civil Courts if the Tribunal is not constituted.
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Why You Should Consult a Lawyer
Although you can draft and file the appeal yourself, hiring a legal expert ensures:
- Accurate documentation
- Strong grounds for interim stay
- Proper representation before the Tribunal or Court
Final Thoughts
The Delhi Municipal Corporation Act, 1957 grants citizens legal rights to defend their properties against harsh or illegal action. Filing an appeal under Section 347B is a powerful tool to obtain a stay against demolition or sealing.
Act quickly – the appeal must be filed within the limitation period to avoid permanent damage.
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About the Appellate Tribunal MCD
The Appellate Tribunal, MCD (also known as ATMCD) is a quasi-judicial body that hears appeals against demolition, sealing, or other actions taken by MCD, NDMC, or other local municipal authorities under the Delhi Municipal Corporation Act, 1957.
Common Matters Handled
- Sealing of commercial establishments in residential areas
- Demolition of unauthorized constructions
- Property tax or misuse charges
- Licensing/Trade license issues
- Unauthorized building activity
Legal Process to Get a Stay Order
- Engage an Advocate experienced in MCD, DDA, and urban planning laws.
- File an Appeal under Section 347B of the DMC Act within 30 days of receiving the demolition/sealing notice.
- Along with the appeal, file a Stay Application requesting interim relief.
- The Tribunal may issue a stay order preventing MCD from taking action until the final decision is made.
Documents Needed
- Demolition/sealing notice
- Property documents (ownership/title deed)
- Sanctioned building plans (if any)
- Photographs of the premises
- Any prior communication with MCD
- Affidavit and Vakalatnama (by the lawyer)
Here is a draft Appeal with Stay Application and Affidavit for filing before the Appellate Tribunal, MCD against a demolition or sealing notice:
BEFORE THE APPELLATE TRIBUNAL, MCD
Tis Hazari Courts Complex, Delhi
Appeal No. ___ of 2025
IN THE MATTER OF:
[Your Name],
S/o or D/o or Through Authorized Signatory
Resident of: [Full Address] …Appellant
VERSUS
Municipal Corporation of Delhi
Through its Commissioner
Civic Centre, Minto Road, New Delhi – 110002 …Respondent
MEMO OF APPEAL UNDER SECTION 347B OF THE DELHI MUNICIPAL CORPORATION ACT, 1957
READ WITH APPLICATION FOR INTERIM STAY
MOST RESPECTFULLY SHOWETH:
- That the Appellant is the owner/occupier of the property bearing no. [Property Address], Delhi, and is legally in possession of the same.
- That the Appellant has received a notice dated [Insert Date] issued under Section [Insert relevant section – 343 or 345A] of the DMC Act, proposing demolition/sealing action on the alleged ground of unauthorized construction/misuse.
- That the said notice is arbitrary, illegal, and issued without due compliance of the principles of natural justice. No opportunity for personal hearing or rectification was provided to the Appellant.
- That the construction/usage of the premises is in accordance with law, or alternatively, subject to regularization/compounding as per applicable Master Plan norms and policies of MCD/DDA.
- That the Appellant is suffering irreparable loss, and the Respondent is threatening imminent demolition/sealing, hence urgent intervention of this Hon’ble Tribunal is required.
- That this Appeal is within limitation, having been filed within 30 days of receipt of notice.
- That no similar matter is pending in any other court or tribunal, and this is the first appeal filed in this regard.
PRAYER
In view of the above, it is most respectfully prayed that this Hon’ble Tribunal may be pleased to:
- a) Admit this Appeal and set aside the impugned notice/order dated [Insert Date] issued by the Respondent;
- b) Pass an interim order of stay, restraining the Respondent from taking any coercive action including sealing/demolition with respect to property bearing No. [Address];
- c) Pass such other or further orders as this Hon’ble Tribunal may deem fit and proper in the interest of justice.
Filed by:
[Your Name]
[Your Address]
[Mobile/Email]
Through Counsel: [Lawyer’s Name, if any]
Date: [____]
Place: New Delhi
STAY APPLICATION UNDER SECTION 347C READ WITH RELEVANT RULES
PRAYER FOR INTERIM RELIEF
It is respectfully prayed that during the pendency of the above Appeal, the Hon’ble Tribunal may kindly grant interim stay against any coercive action including demolition/sealing of the property bearing [Property Address], to protect the Appellant from irreparable loss.
BEFORE THE APPELLATE TRIBUNAL, MCD Tis Hazari Courts Complex, Delhi
Appeal No. ___ of 2025
IN THE MATTER OF:
[Your Name],
S/o or D/o or Through Authorized Signatory
Resident of: [Full Address] …Appellant
VERSUS
Municipal Corporation of Delhi
Through its Commissioner
Civic Centre, Minto Road, New Delhi – 110002 …Respondent
AFFIDAVIT
I, [Your Name], S/o/D/o [Parent’s Name], aged about __ years, resident of [Full Address], do hereby solemnly affirm and declare as under:
- That I am the Appellant in the accompanying Appeal and well conversant with the facts of the case.
- That the contents of the accompanying Appeal and Stay Application are true and correct to my knowledge and belief.
- That I have not suppressed any material facts and no other similar appeal is pending before any other court or tribunal.
- That the present affidavit is filed in support of the Appeal and Stay Application.
DEPONENT
VERIFICATION
Verified at New Delhi on this ___ day of ________, 2025, that the contents of the above affidavit are true and correct to my knowledge and belief. Nothing material has been concealed therefrom.
DEPONENT
BEFORE THE APPELLATE TRIBUNAL, MCD Tis Hazari Courts Complex, Delhi
Appeal No. ___ of 2025
IN THE MATTER OF:
[Your Name],
S/o or D/o or Through Authorized Signatory
Resident of: [Full Address] …Appellant
VERSUS
Municipal Corporation of Delhi
Through its Commissioner
Civic Centre, Minto Road, New Delhi – 110002 …Respondent
INDEX
| Sr. No. | Particulars | Page No. |
| 1. | Memo of Appeal under Section 347B of DMC Act, 1957 | ___ to ___ |
| 2. | Stay Application | ___ to ___ |
| 3. | Affidavit in support of Appeal and Stay | ___ to ___ |
| 4. | Copy of Demolition/Sealing Notice issued by MCD (Impugned Notice) | ___ |
| 5. | Copy of Property Ownership/Title Document (Sale Deed, GPA, etc.) | ___ |
| 6. | Copy of Sanctioned Building Plan/Map (if available) | ___ |
| 7. | Photographs of the property (external and internal) | ___ |
| 8. | Any prior communication/representation with MCD | ___ |
| 9. | Vakalatnama (if represented by Advocate) | ___ |
| 10. | Index and List of Documents | ___ |
BEFORE THE APPELLATE TRIBUNAL, MCD Tis Hazari Courts Complex, Delhi
Appeal No. ___ of 2025
IN THE MATTER OF:
[Your Name],
S/o or D/o or Through Authorized Signatory
Resident of: [Full Address] …Appellant
VERSUS
Municipal Corporation of Delhi
Through its Commissioner
Civic Centre, Minto Road, New Delhi – 110002 …Respondent
LIST OF DOCUMENTS
- Copy of Impugned Demolition/Sealing Notice issued under Section 343/345A of the DMC Act.
- Proof of ownership/occupation of the property (Sale deed, GPA, rent agreement, etc.).
- Building plan, if sanctioned or copy of application for regularization (if available).
- Photographs showing the present condition of the property.
- Any correspondence or representation made to the MCD, if applicable.
- Utility bills (electricity/water/property tax) to prove lawful possession.
- Vakalatnama (if a lawyer is filing on behalf of the appellant).
