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Sarao (NONE)     02 August 2011

Urgent: starting a business, suspecting a stay order

Hello,

 

We're in process of setting up a cement block manufacturing plant in our agricultural land. Due to some family issues with some persons in our village, we're suspecting that the anti-party might get a stay to stop our work for whatever reason.


I want to know, is there any way we can avoid stay orders or get some relief in advance in case the other family gets stay orders?



Learning

 12 Replies

adv. rajeev ( rajoo ) (practicing advocate)     02 August 2011

File a cavet .

bhagwat patil (Property due diligence 9422773303)     02 August 2011

If you have undivided share in agricultural land you can start ant nay portion to the extent of your shareunder sec 44 a .file a cavet to the tahashildar.
 

Sarao (NONE)     02 August 2011

Hello, I am sorry, but the anti party is not our family. Its like a neighbour. I mean, see, there are some persons with whom we are not in good terms, however they are not our family or related to us in anyway.

girish shringi (advocate)     02 August 2011

Dear Sarao,

Going through your profile it seems to be that  you are very problemating person who do not deserve a good idea because it looks like that you are having some wrong direction in your life thatswhy everybody is punching you which can be seen from your forum activities.

First of all before starting your industrial activity,have you taken permission of the competant authority to start industrial use in your agricultural land or not.

If its not your relative than who else is there is he a BHAI of the village or a person who teach a lesson to the illegal activist.

Clarify all the points nicely and improve your behaviour in the family and village so people co-operate you like JIS DESHH................ ME GANGA BAHETI HAI.

Girish Shringi

(Advocate)

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     02 August 2011

From all what has been said, following seems to be the case:

1. Land belongs to Sarao.

2. It is agricultural land.

3. Cement will pollute. (It is immaterial as to whether that stretch of land, adjascent land etc is cultivated or not. But, it will pollute, go on polluting and go on adding to it more and more and more).

4. There would be regular movement of heavy vehicles (lorries) etc.

5. All these will definitely cause problems which can be nothing to the unit's owner, but others would not find it good to stomach it.

----------------------------------------

I would do something different from what you are attempting. I will change the idea of all these itself.

My idea may not fetch you loads of money immediately, but say over a reasonable span of 3 to 4 years, you would start seeing the difference yourself and say in 10 to 15 years, you would turn to be a God in your own right, might who saved God, nature. Are you interested? Will you be philanthrophic enough? Are you hearing the name of 'Anna Hazare'? Do you know what he did? Why don't you think of something similar to that in whichever part you are living? There are more than 3 lakh VARIETIES of grass, another 3 lakh varieties of mangroves. There are many cash crops, oil crops, medicinal crops etc etc. Many of them do not need your attention at all. They need very little investment and get you good returns too.

You have many scientific bodies, commercial agencies etc that will help you out. You could even think of leasing your area for such activities in case you have some troubles on the practical front.

There are yet other sorts of businesses too. Have you heard of Compressed Gobar Gas (CGG). It is gobar gas, but compacted using a compressor. It can be alternative to LPG, CNG etc. Experiments have been conducted and it is proven that it has hauled railway engines. It is 4 times as efficient as LPG. That means you can be helping to evolve a 'MICRO BUSINESS' in itself in your area, the first of its kind. You see 2/3 kg gas LPG cylinders for household cooking, you see 3 wheelers called autos using CNG cylinders etc. All these can be replaced in a very very green manner, all from resources that you, your friends have around in your agricultural lands. Don't you have cows in your area? That is enough. Have more fodder for them, plan a longterm business. You could be a new leader who would have set a new trend in India which will then be followed by rest of the country. Well, this CGG can be piped too, the way it happens with natural gas. If this happens then you could have electric power stations etc running on CGG. If this reaches that gigantic proposition, then you would have led a revolution. It would become a product akin to milk. Let me assure you that it would be a very very very very lucarative, satisfying business.

You could have high value/good utility grass (cow grazing) etc in combination with crops like Jatropha which needs no much water, care and are relatively disease free, attack free and you can intersperse them with some fruits or huge trees like Jamun, Mango etc too. Well, there are lots of ideas, possiblities. You would do well to talk to selfless scientists.

If you do it, you would have set a role model example that would be emulated across India. This can be done across all sorts of lands: marshy, dry, drought hit, areas with foot prints of conrete (something like the noida areas that are being returned to farmers, but farmers are not realising the value of the gold that they are getting) etc, etc. In fact, if I get an opportunity, I will present a presentation wherever it be: 'Supreme court', 'Government offices', 'Welfare organisations' etc etc.

All in all, I do not favor your cement brick project. You are you. You have to decide. I have given you a welfare oriented, longterm idea that has multiple options.

Sarao (NONE)     02 August 2011

@Girish, I just call it fate that I am surrounded by so much problems. And problems not at all started by me. People who know me, knows that I am not a person who create trouble for others. 


Actually, when we sold our land last month, he was one of the dealer in that. But due to some dispute within the 4 dealers who were dealing with our land deal, none of them asked for commision. But this guy wanted to get all the commission himself including the part of the others too. We refused, we told him, either everyone or no one. He tried everything he can, from threatning phone calls to police reports. But that did not help him. Now, since we are in the middle of the work, we got to know, that to create problems for us, he will get a stay from court when our work is complete. Which means, we will have a factory but will not do any work.

As per the suggestion of the above wise man, Dear Sir, we are setting up a FlyAsh Block plant, which will eventually decrease the pollution caused by flyash. This is only I Can say, rest you can Google.

 

So please let me know, how can we avoid the stay as lawyers here in my locality are more towards getting their fees rather helping.

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     02 August 2011

What is this all about??????????

 

You sold the land and have asked the question as if you are the owner!!!!!!!!!!

Sarao (NONE)     02 August 2011

We had 15 acres of land, and sold 5 acres out of them, Still hold 10 acres. And He was one of the dealer in the deal of those 5 acres. The factory we are setting up is in a portion of those 10 acres. We did not sold that land and still hold the ownership.

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     02 August 2011

Question itself suggests that it involves environmental issues, practical issues that will not be permissible under law, society.

 

I would advice the option that I suggested few hours ago and leave it to you to decide the rest.

 

If I were you, I would have done what I have said. You will get many sponsors too. You need to explore. You would have to work for minimal time, but you will be very peaceful and will enjoy your life and create a happy universe itself.

girish shringi (advocate)     03 August 2011

Don't worry.

File caveat as per the advice of Mr. Raju

Siddharth Kulkarni (Legal Advisor)     03 August 2011

Dear Sarao,

I am fully agreed with Girish ji. You should file caveat as soon as possible, so that the at least the respective High Court would not grant ex parte stay against you. And thereafter whatever you are saying here mention the same in your reply. And last but not least.... consult some designated senior counsel of the respective high court instead of wandering here and there.        

SACHIN AGARWAL (ADVOCATE)     05 August 2011

File a caveat and fight the case if filed.


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