Writ petition
Ayan
(Querist) 28 January 2020
This query is : Resolved
1) An eviction was filed in 2017.
2)Tenant Extent the property from Landlord portion and PWD land.
3)Lanlord file 144 , police did not came.
4)Landlord filed RTI to PWD . PWD reply , such no permission was given and advice to do a police complain.
5)Landlord send Municipality to demolish the illegal portion also.
6)Tenant enjoying the extended property.
7)Lanlord mention that in the Eviction suit .
8)In the Suit ,Tenant mentioned that , the portion is on PWD area, not
Landlord area.So , the eviction suit has no connection with Extended portion.
Landlord want to demolish the illegal area
My question is
1)Can I file Writ Petition to demolish the illegal portion in Hight Court ?
2)Will High Court accept the Case while litigation is pending in the Lower Court ?
3)Is there any legal remedies , to demolish the illegal area ?
SHIRISH PAWAR, 7738990900
(Expert) 28 January 2020
Dear querist,
High Court will not entertain your suit. You have to contest the eviction suit filed fast track for demolishing the property.
Regards,
Raj Kumar Makkad
(Expert) 28 January 2020
You can definitely approach to high court under section 482 Criminal Procedure Code seeking direction against PWD to get cleared the encroached public road. It is the duty of every public authority to do as custodian of public property. PWD is custodian of public land so it is duty bound to protect it from encroachers by taking suitable action at its own rather advising the complainants to go to police authorities for that purpose.
There is no hurdle in approaching high court pending rent petition seeking eviction of the tenanted property.
Guest
(Expert) 28 January 2020
You seem to be from West Bengal . Since not from your state so error can take place in state law.
1. You need to check provision under your state law for town planing to get demolish illegal construction within notice of 15 days
2. This can be done using Local municipal law also if provision exist
3. Such provision exist in Maharashtra
4. Latter using this provision and working practically with local authorities you can demolish the illegal construction in short span
Ayan
(Querist) 29 January 2020
Sir, 482 CRPC have to file against PWC , Local Municipality and Tenant need to included in the proceeding ?
We have written several letter and RTI to Local Municipality also ,but they remain silent.
KISHAN DUTT KALASKAR
(Expert) 29 January 2020
Dear Sir,
You may make PWD as a party and take necessary directions to it in the Writ Petition to demolish such illegal construction by your alleged tenant.
Dr J C Vashista
(Expert) 30 January 2020
The eviction case against tenant is stated to be pending before lower Court, isn't it?
If so, it is a civil jurisdictional Court where writ u/s 482 Cr PC is not maintainable.
You (through your lawyer) will have to move under Article 226 and 227 of the Constitution of India, 1950 for necessary mandate to authorities concerned (impleading MC) to demolish encroachment besides other relief(s).
It is advisable to consult another local prudent lawyer for better appreciation of facts/ documents, professional advise and necessary proceeding.
