Illegal construction of residential house - case dismissed by court
sagar Rao
(Querist) 12 March 2016
This query is : Resolved
Sir/Madam,
I had given complaints on my neighbors for unauthorized & illegal constructions in Greater Hyderabad Municipal Corporation for which GHMC had taken the action to demolish the construction, but our neighbors went to court and got stay order and completed their house construction successful.
Case was running in court between our neighbors and GHMC from the year 2013, regularly I was checking status of the case on ecourts portal.
Today I seen that case was dismissed because of reason mentioned below
Business : Plaintiff called absent. No representation is made on behalf of Plaintiff till 5:00 P.M.. Costs not paid. Plaintiff called absent on 28-10-2015, 24-11-2015, 30-12-2015 and today. No evidence is adduced by plaintiff inspite of conditional order, dated 30-12-2015. In the result, this suit is dismissed for default of plaintiff. No costs.
Nature of Disposal : DISMISSED FOR DEFAULT
Disposal Date : 20-01-2016
II Addl. Senior Civil Judge
In these regard I would like to know what is the meaning of Dismissed for Default, as the case is closed without seeing the illegal constructions like not maintaining setbacks, built compound walls on road by occupying government land and taken G+1 floor permission but built G+4 floors.
I am facing lot of ventilation and other problems and same was written in my complaints to GHMC, I would like to know whether my problems are not considered in court or not.
If not consider what option left to me, please guide me.
Thanks,
Sagar
Guest
(Expert) 04 April 2016
First --- Neighbor went to court ---- This sentence indicate Neighbor went and filled case and they where Plaintiff. In this suit they may have claimed certain relief against Municipal Corporation.
Second --- got stay order ---- It must be they got temporary Injunction and most probably both parties where told not to move ahead , Corporation was instructed not to demolish and Plaintiff were instructed not to construct. This is my imagination . But Plaintiff violated the condition and continued construction.
Third ---- Cost not paid ----- This is statement indicates Plaintiff have done some error in Court proceeding and they where penalized . May be they violated injunction and it was brought to court notice and thus heavy cost imposed. Most probably cost must be high for violation of Injunction hence they could not pay in time . Nor sure
Fourth ------ When Plaintiff don't appear other party that is Defendant raises objection that Plaintiff nor his advocate is coming , additionally since he has not paid cost so that too Defendant may have raised issue , and hence due to non appearance of Plaintiff Court dismissed the case. That means the relief sought by Plaintiff are dismissed , due to non appearance.
Fifth --- This indicate Neighbor (imagination) relief to stop demolition of construction etc. prayer rejected by court
Sixth -- In Jan 2016 Suit was dismissed and relief prayed by Plaintiff rejected . Now Plaintiff have two option 1) He will file fresh suit with for same and additional relief (This thing may go against him since after 3 years of cause of action suit can not be filled due to limitation act ,and other party raises issue) 2) Plaintiff have to apply for restoration of suit and show sufficient cause for not appearing on the days mentioned . So this restoration is like next suit where instead of core dispute main issue decided why you did not appear that day. 3) In this period of restoration of suit Municipal Corporation can move and demolish the illegal structure if they are willing to because main suit is remaining , they are caught in issue why he did not appear for 4 days.
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In your interest move towards Municipal Corporation and get the illegal structure demolished immediately.
This should be done before restoration of suit is completed and decided. If he files fresh suit and ask for injunction then , may be he get injunction provided how Corporation argue the matter (Corporation Lawyer is expected to raise Limitation act issue)
I feel approach Municipal Corporation and get demolition done now immediately
If at all you want to see what exactly happens you can go to court and ask some lawyer to apply for certified copy as third party showing necessary interest that this suit is going to affect his ventilation etc. So you get correct picture , What happened about it. Get all certified paper as Third Party.
I feel by case getting dismissed of your neighbor (Since he had filled ) I feel you are in advantage , move swiftly and get your work done with corporation .
