Forming new road

R.Manivasagan (Querist) 15 October 2013 This query is : Resolved
My client is the absolute owner of the property by virtue of registered Sale deed. Now the Local administration authorities, without getting any prior permission from my client and without giving proper notice to my client are trying to form a new road in my client's absolute property and they said it is for the benefit of public. Is it possible to resit their illegal activities?

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R.K Nanda (Expert) 15 October 2013
take stay order from civil court against local authorities.

ajay sethi (Expert) 15 October 2013
issue legal notice . move court against muncipial corporation for an injunction restraining corporation from construction road in your property

Devajyoti Barman (Expert) 15 October 2013
Either file civil suit for declaration and injunction or file a writ petition in the high court.

Rajendra K Goyal (Expert) 15 October 2013
Issue legal notice and file suit for permanent injection and also for stay at present.

Sarvesh Kumar Sharma Advocate (Expert) 15 October 2013
Move Stay from civil court ;and 133 cr.p.c. From s.d.m. Court .

prabhakar singh (Expert) 15 October 2013
A writ would be better bet if no acquisition proceedings have taken place because suit would require service of notice
of two months(60 days).

R.Manivasagan (Querist) 16 October 2013
Thank you seniors, Due to urgency I have filed a Civil suit for Declaration, Permanent Injunction and also for Mandatory injunction to remove the Road on their Own cost, but i could not get an injunction order immediately because they filed a Caveat against my client. so, I got permission to serve the notice to the counsel for the Caveator instead of the Defendant. The Statutory Notice under Section 80 CPC also dispensed with by separate application.

Devajyoti Barman (Expert) 16 October 2013
Ok, then try to get the matter heard as fast as possible. All the best.

prabhakar singh (Expert) 16 October 2013
You talked of 'local authorities' involved trespassing your client's land and unauthorisedly constructing road there
upon,then they would be either Gram panchayat governed by Panchayat Raj Act,or a Town Area or a Municipality governed by Municipality Act,WHO REQUIRE NOTICES TO BE SERVED UNDER PROVISIONS OF THOSE ACTS AND NOT UNDER SECTION 80 C.P.C.

Notice under Section 80 CPC got dispensed with by separate application only because there is an amendment in CPC.

Please CHECK PROVISIONS OF THE ENACTMENTS TOLD,IF THERE IS ANY AMENDMENT EMPOWERING COURTS TO DISPENSE WITH NOTICES REQUIRED TO BE SERVED UPON UNDER THOSE ACTS.

If YOU NEGLECT MY THIS ADVICE IN LAST YOU MAY LAND UP WITH A SUIT BAD FOR WANT OF LEGAL NOTICE WITH ONLY FATE OF DISMISSAL.