Chandrashekhar V (GS) 22 July 2014

Can i move high court directly against statutory body

hi experts,

I did buy a flat from a builder, in Bangalore in 2000. While construction was going on, builder M/ Janapriya Engineer's Syndicate whose corporate office is Hyderabad- and land owner deviated from approved plan. They were served with notices and work sheets of local body (then City municipal corporation) clearly indicates that

1. Joint commissioner ordered Asst Engineer to take action against builder to stop construction work.

2. JC also went on record in a Written statement saying that "builder deviated from approved plan, notice is served and action is taken against builder".

3. Bangalore Metropolitan Task Force polce were informed about illegalities in construction.

- besides all theses action, needless to say that construction was completed, flats were sold by land owner and builder to prospective customers. During sale all facts were hidden by SELLERS.

Now, again Bruhat Bengaluru Mahanagara palike (BBMP) issued preliminary and permanent notices in Sept 2013, asking to "vacate flats" due to 33% violation from approved plan.

All the facts above prove statutory body like, then MC, BMTF failed act in accordance with law and as a result flat owners are sufferers.

I complained to BMTF narrating all facts urging police to take action against BBMP then CMC ooficials for dereliction of duty which caused a lot of damages to helpless people. No action is taken in context of complaint for obvious reasons.

Question now is, can I move Honourable high court of Karnataka for appropriate compensation against present BBMP, BMTF ? Can I make Builder and land owners (or should they be only Formal parties) for party? Will be my prayer asking for a "fair investigation" against the builder in context of all his projects in Bangalore considered?

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3 Replies

Vikas Jain (Advocate) 26 July 2014

Yes of course you can, you are very well within your rights to do so.. Engage a Learned Advocate, file an SCA under article 226, 227 of the Indian Constitution.

Put all the materials on record but yes don't forget to consider the consequences of confrontation with a Builder against whom even the Police and other civil bodies are restraining themselves to act appropriately.

Good Luck.

Sandeep Hegde(89 717 84 550) (Advocate) 30 July 2014

I agree with Karen Ad Hikaru

Regards,

Sandeep Hegde

Advocte

Chandrashekhar V (GS) 05 August 2014

Originally posted by : Karan Adhikari

Yes of course you can, you are very well within your rights to do so.. Engage a Learned Advocate, file an SCA under article 226, 227 of the Indian Constitution.

Put all the materials on record but yes don't forget to consider the consequences of confrontation with a Builder against whom even the Police and other civil bodies are restraining themselves to act appropriately.

Good Luck.

Sir,

thanks for your reply. A subquery: Can I move the lower court for compensation, and if I do under which section of CPC? Your advice after considering facts in main query will help me in right direction.

Chandrashekhar