Urgent- experts please help
rakchika
(Querist) 04 March 2012
This query is : Resolved
There's blind lane adjacent to my house, which is 10 feet wide. patna regional development authority wants to widen it upto 20 feet. If this happens our house will be quashed up to 5 feet. As i have mentioned its a blind lane, it terminates after 5 houses, and it is not connected to any other road. Is it still required to widen it? There are several such lanes in Patna, which do not fulfill the standards of PRDA. What should we do. Experts please advise as its matter of my house.
Kirti Kar Tripathi
(Expert) 04 March 2012
Under the facts and circumstances, you can file writ against Patna Development Authority and seek mandamus restraining them from action
Raj Kumar Makkad
(Expert) 04 March 2012
You can even file a civil suot for mandatory injunction as the site has not been acquired by State and no compensation has ever been offered. State authorities have got no pwer to demolish the house of any citizen without any due notice or compensation and even without providing opportunity of hearing..
R.Ranganathan
(Expert) 04 March 2012
You have not mentioned whether any acquisition proceedings have been initiated by the authorities. Unless they issue a notice they cannot acquire your land.
rakchika
(Querist) 04 March 2012
RANGANATHAN SIR- my grandmother filed I.A 12 years back in HC of Patna. And the court issued stay order upto 2012 as there were no counter affidavit by PRDA. Now this case is going to open again. what should we do in this situation..
rakchika
(Querist) 04 March 2012
@kirti kar tripathi sir and Raj makkad sir- thank you for your guidance. I am looking for more suggestions.. I ll be thankful if u guide me further.
Kirti Kar Tripathi
(Expert) 05 March 2012
Once a stay order is in your favour and if it violated, you can file contempt petition.
prabhakar singh
(Expert) 08 March 2012
Then why did not you mention this fact earlier.If stay is till 2012,either get it enlarged or get the writ finally decided.
V R SHROFF
(Expert) 08 March 2012
justify your stand in WRIT, and stop it.
