Sujudice
Ramkrishna
(Querist) 22 December 2012
This query is : Resolved
Sir,
In a case regarding demolition of an unauthorized structure, where the Muncipal Corporation has issued notices for demolition and rejected the application for regularizastion made by the owner; and whereas the owner has gone to the High Court against the order made by the Corporation and obtained a stay. Where in the High Court other inmates of the apartment who have originally reported to the Corporation about the illegal construction obtained a "stay of Constuction order" which was not adherred to and a contempt case has been filed by the other inmates of the apartment against the owner who made the construction and also against the Muncipal Corporation for not stopping the work when reported to them.
Under these circumstances the owner who has political connections approached the Minister for Muncipal Administrattion, in their letter to the Minister they have appealed to the Minister to regularize the flat and they would withdraw the cases filed against the Corporation.
The Minister has forwarded the letter to the Muncipal Commissioner to look into the matter.
When the case is pending in the High Court can a minister direct the letter to the Commissioner too look into it does this not come under SUBJUDICE, and can these matter be CONTEMPT OF COURT.
ajay sethi
(Expert) 23 December 2012
minister has not passed any orders . he has merely forwarded the representation received to Municipal Commissioner for consideration. it does not amount to contempt of court .
Devajyoti Barman
(Expert) 23 December 2012
There is nothing but which it can be called that the order of court is violated especially when no restrain order passed by the court is there