Brief facts about the case:
Its case between Bangalore Water Supply and Sewage board and few apartment owners in east bangalore for discharging the pollutants to the near by lake.
Builder supposed to take permissions from BWSSB before constructing this property but he along with few other neighbouring builders didn't take any permission.His argument was there is no BWSSB when he constructed this apartment.
Cases were initiated on presidents of few apartment associations.our apartment is unique.We dont have an association and still 85% of the flats are unoccupied and builder owns them.There is an ongoint dispute between builder and the landowner and landowners got status quo order on the property till the matter is settled.
So one of the resident whose name was indicted as a president got the summons and he filed an appeal in highcourt saying that he is not the president and case against him should be quashed.
high court instead of quashing the case ,ordered the lower court to issue summons to each individual in the apartment including the builder as they are the ones who are polluting.
But the fact remains that we are just buyers of the property and builder is the one who should be punished and he still owns 85% of the flats.
Now most of the apartment owners who got the summons are outside india.
Our questions are
1.how will the owners who are not india get affected now or in future.
2.Is there any way to engage lawyer in india while residing outside india?
3.can a special power of attorney(and is registered) holder appear on behalf of the flat owner?
4.Few residents who are in bangalore are going to appear before the court..can they represent entire apartment owners basically the people outside india.
we heard that after three summons court can issue non bailable arrest warrant.
please give us some direction.
we spoke to one legal counsel and they are asking us to sign waqalat and application for bail at the same time..but we are not sure why application for bail is required as there is no arrest warrant yet.
