tress pass
biharimohanty
(Querist) 13 October 2010
This query is : Resolved
a lady litigant force ly encroaching my land&previously grabed part of same land and that was subjudis in high court of orissa, that lady puting pressure on me by gundas to sale that land to her, now she started construction, i filed a complain on 8.10.2010, in polish station,but they gained over by litigant lady&delayed in action, lady finished her roof concreate, again started first flore pillar, i filed a complain in addl.d.c.p. court on 12.10.2010 for 144crpc proceeding on. court asked to concerned polish ,i.i.c. for report before 25.10.2010.lady not caring to polish as she has money and power. what to do. please advice,how many steps can i take in which forum,can i complain to devlopment authority regarding illegal constuction in my land without approval.
can i file damage suits against that lady.
it possible to file civil suit making party to local devlopment authority.or any forum suitable except musle power.
with regards
bhuban bihari mohanty
mamalaodia@gmail.com
pawan sharma
(Expert) 13 October 2010
Dear,
you can file an application for stay her to made constrction on the said land before the High Court stating all the facts in the said application.
adv. rajeev ( rajoo )
(Expert) 13 October 2010
Instead of going to the police station if you had filed a suit for bare injunction you could have got injunction order infavour of you restraining her from constructing the building.
Don't make delay file a case
Manish Singh
(Expert) 13 October 2010
i agree with Mr. Rajeev. file an application for injunction as soon as possible since thereafter the police shall be bound by the order of the HC to stop the lady.
pawan sharma
(Expert) 14 October 2010
Dear Rajee,
matter are sub-judice before the High COurt on the same land how to file the fress case?
Raj Kumar Makkad
(Expert) 14 October 2010
pawan, the matter of share of land is sub-judice and not of entire land now grabeed. Had it be there, the appropriate step would have been to go to High Court and put contempt of court against that lady. I think this is new matter wherein appropriate remedy is to seek injunction from civil court.
You can file a suit for declaration and injunction seeking constructions as illegal and stay against subsequent ongoing constructions.
Manish Singh
(Expert) 15 October 2010
but he can also move an interim application in the said HC for injunction pending adjudication.
