Is it possible to file an appeal/writ petition in bombay high court without the help of an advocate
Guest
(Querist) 01 February 2017
This query is : Resolved
Hi,
I am unemployed and can't afford the fees of an advocate but I need to file a writ in Bombay High Court against a developer and the SRA (Slum Rehabilation Authority).
Is it possible/permissible to file own writ/applications without any advocates help.
Please help me.
Regards,
Pradeep Bhaigade.
==========================
Thanks for the response and valuable advice.
As suggested by some members here I submit some details about the matter.
SRA the Slum Rehabilation Authority is the big adda of corruption in Mumbai.
Ten years back the Rehab Building is completed by the builder but few slum dwellers who are eligible on paper as per Annexure II still waiting for the possession. I filed loads of complaints to the SRA authority since 2009/10 but it looks like I am waisting my time and energy.
Deputy Collector of encroachment (SRA) had passed an ORDER for illegal ocupiers to vacate the rooms (2015). But the Appeals filed to the Additional collector (Dec. 2015) and He (Addl. Col) is taking more than a year to pass the final order regarding the Appeals filed by the culprits. On the Roznama the Additional Collectior mentioned that the next date will be final argument date but every time the opponents advocate had his excuse.
On every date I understand Justice delayed is justice denied. My frustration level is increasing.
I am planning to go to the High Court for seeking the order to the SRA and Addl. Collector to give final Order in stipulated time period for my as well as others appeals.
Here please advice me
1) I need to file a Writ petition or PIL or an Application to the HC.
2) Can I make my own argument in the HC as well as filing the papers.
3) Only for making the papers I think I need an advoctes help.
Thanks in advance.
please please please revert in details if poss.
R.K Nanda
(Expert) 01 February 2017
Yes, u can file writ petition in person in high Court.
Madhava Rao Gorrepati
(Expert) 01 February 2017
lawyering is a highly skilled profession like surgery. If you ask can I myself operate upon on me for removal of malady what answer do you expect? if you cannot afford a lawyer go to the Legal services authority attached to the HIgh court, make an application about you financial difficulties. then LSA gives you not only a lawyer but also require court fee or court fee exemption certificate. Done!!
Sudhir Kumar, Advocate
(Expert) 02 February 2017
IF YOU ARE CONFIDENT GO AHEAD IN PERSON.
IF NOT
CONTACT LEGAL AID CELL.
Kumar Doab
(Expert) 02 February 2017
Agreed with experts.
Guest
(Expert) 02 February 2017
What is your exact problem , tell exact problem and why you are avoiding tribunal under Mahrashtra Slum Area act
Rajendra K Goyal
(Expert) 02 February 2017
Please state material facts of the problem.
Guest
(Expert) 02 February 2017
Well Advised by Senior Experts/Advocates Mr.R.K.Nanda and Mr.Sudhir Kumar
Kumar Doab
(Expert) 02 February 2017
Mr. Madhu is from Maharashtra.
The author may respond to point raised by Mr. Madhu.
R.K Nanda
(Expert) 02 February 2017
author must know that writ petition is the last remedy.
P. Venu
(Expert) 03 February 2017
You can. However, a party-in-person is bound to be less than objective and detached. Also, please note that a WP is a discretionary remedy, esp. when alternate remedies are available, as suggested by learned expert Mr. Madhu.
Guest
(Expert) 03 February 2017
I will tell you honestly I don't have experience of High Court. Now I can handle civil Matter upto Dist. Court , but without rigorous study it is difficult
@ Venu Sir
Frankly speaking when you said learned expert to me honestly I really became bit nervous reason is that before coming on computer I was making strategy of study for 1 month and when starting I felt I really know nothing about this field just ans. silly question here and there of some individuals & rightly called as some critics that for me it is like academic session. Subject is very vast
Rajendra K Goyal
(Expert) 03 February 2017
Salute to expert Madhu for his honest and frank views.
There are certain experts who do not try to understand / try to feel / try to accept such facts about themselves.
Bravo.
Guest
(Expert) 03 February 2017
Honestly speaking Should Appreciate Mr.Rajendra K Goyal for making a Self Comment about Him Self
Kumar Doab
(Expert) 03 February 2017
Appreciate frankness of Mr. Madhu.
Pls clarify if such tribunal is to be approached in Maharashtra before approaching HC!
Otherwise Mr. R.K.Nanda has already advised and it may be followed.
Guest
(Expert) 04 February 2017
Yes first appeal is in slum tribunal as per Maharashtra slum area act.
Honestly with great honour I wish to say high court is so loaded that it can not give you time the way subordinate court can give , better settle max. things in sub ordinate court or tribunal and move to high court only if there is question of law.
Guest
(Querist) 04 February 2017
Thanks for the response and valuable advices.
As suggested by some members here I submit some details about the matter.
SRA the Slum Rehabilation Authority is the big adda of corruption in Mumbai.
Ten years back the Rehab Building is completed by the builder but few slum dwellers who are eligible on paper as per Annexure II still waiting for the possession. I filed loads of complaints to the SRA authority since 2009/10 but it looks like I am waisting my time and energy.
Deputy Collector of encroachment (SRA) had passed an ORDER for illegal ocupiers to vacate the rooms (2015). But the Appeals filed to the Additional collector (Dec. 2015) and He (Addl. Col) is taking more than a year to pass the final order regarding the Appeals filed by the culprits. On the Roznama the Additional Collectior mentioned that the next date will be final argument date but every time the opponents advocate had his excuse.
On every date I understand Justice delayed is justice denied. My frustration level is increasing.
I am planning to go to the High Court for seeking the order to the SRA and Addl. Collector to give final Order in stipulated time period for my as well as others appeals.
Here please advice me
1) Pn above conditions I need to file a Writ petition or a PIL or an Application to the HC???
2) Can I make my own argument in the HC as well as filing the papers.
3) Only for making the papers I think I need an advoctes help.
Thanks in advance.
please please please revert in details if poss.
Guest
(Expert) 04 February 2017
Its good sign (If so) name is on Anexure II list
Whether you people have signed some deed ?
Deputy Collector of encroachment (SRA) had passed an ORDER for illegal occupiers to vacate the rooms (2015) -- This is another good sign
I think you will be eligible for Free aid under Legal aid cell of High Court , but while going take documents
(regarding SRA big adda of corruption , Some where Transparency international report is true this only I can say)
Guest
(Expert) 04 February 2017
To ans your query I require to read again slum area act and rules , because by making some gazette notification or Government resolution whether they have given some charge under specific section to dp. collector SRA etc. that required to be checked and even checked whether it is indeed correct forum (For some area like mumbai they make some special provision which is different from rest of Maharashtra )?
Kumar Doab
(Expert) 04 February 2017
Mr. Madhu,
Thanks for clarifying that slum tribunal as per Maharashtra slum area act, is to be approached in Maharashtra before approaching HC!
Guest
(Querist) 06 February 2017
As suggested by some members here I submit some details about the matter.
SRA the Slum Rehabilation Authority is the big adda of corruption in Mumbai.
Ten years back the Rehab Building is completed by the builder but few slum dwellers who are eligible on paper as per Annexure II still waiting for the possession. I filed loads of complaints to the SRA authority since 2009/10 but it looks like I am waisting my time and energy.
Deputy Collector of encroachment (SRA) had passed an ORDER for illegal ocupiers to vacate the rooms (2015). But the Appeals filed to the Additional collector (Dec. 2015) and He (Addl. Col) is taking more than a year to pass the final order regarding the Appeals filed by the culprits. On the Roznama the Additional Collectior mentioned that the next date will be final argument date but every time the opponents advocate had his excuse.
On every date I understand Justice delayed is justice denied. My frustration level is increasing.
I am planning to go to the High Court for seeking the order to the SRA and Addl. Collector to give final Order in stipulated time period for my as well as others appeals.
Here please advice me
1) Pn above conditions I need to file a Writ petition or a PIL or an Application to the HC???
2) Can I make my own argument in the HC as well as filing the papers.
3) Only for making the papers I think I need an advoctes help.
Thanks in advance.
please please please revert in details if poss.
Guest
(Expert) 06 February 2017
What is that 'Bravo'Mr/Mrs/Ms. Rajendra K Goyal Whether Is that also One of Your Fake Names Please
Guest
(Expert) 06 February 2017
The Green Light Ensures the Presence of Mr.Rajendra K Goyal and Ii Confirms that Nothing was Posted in his absence Please
Rajendra K Goyal
(Expert) 06 February 2017
If you have sufficient explanation, You can reply to the concerned author / expert / person and clear your standing / satisfy them who posted the above in respective threads.
Guest
(Expert) 06 February 2017
A kid should be strong in Memory in Childhood it self and tell what it had Posted yesterday Or else it will be Weak in memory when it becomes Major Please
Guest
(Querist) 06 February 2017
Experts please advice
