Esma
cchs1962
(Querist) 27 February 2013
This query is : Resolved
Can ESMA be applied during the pendency of suit when the court has pronounced stay on for the disputed plot?
R.K Nanda
(Expert) 27 February 2013
no is answer.
Advocate Ramesh
(Expert) 27 February 2013
ESMA means Essential Service maintenance Act. In this law to ensure the delivery of certain services like health service, public transport like that. Only those esma is applicable
Raj Kumar Makkad
(Expert) 28 February 2013
Stay order on plot and imposition of ESMA are two different aspects not directly connected with each other so there is no legal hurdle with State to impose ESMA in the given facts.
prabhakar singh
(Expert) 28 February 2013
How Essential Service Maintenance Act (ESMA) is attracted to your query?
cchs1962
(Querist) 05 March 2013
Sorry for the late reply! The counsel of the opposition party have said that Electricity along with gutter and water connections are Essential Services and thus court have no right to give order to disconnect the said services. The Hon'able court accepted the learned counsel's argument and has said that the court has no jurisdiction to order disconnection of the said services for they are Essential Services and the matter pertaining to the same must be raised to concerned authorities.
