Non obeyance of supreme court judgement by mcd
drsubhash
(Querist) 29 October 2014
This query is : Resolved
there is supreme court judgement that once the landowner has dedicated his private land for passage and that land has become a public passage then owner can not claim any compensation for the same and also cannot encroach it...i am facing this problem as i live in urbanised village for which mcd has no record of streets in my area..the mcd has laid down sewerage and jal board lines and also maintains those streets but does not take any action against the encroachment on those streets on the pretext that these are private streets..what to do in this case...how mcd can maintain a street , put sewerage lines and maintain it for more than forty years and yet deny that it does not lie vested with mcd...is there any judgement that can help me and i can pressurise mcd to take such street in record and to maintain it under dmc act for prevention of any encroachment on that street
Devajyoti Barman
(Expert) 30 October 2014
Judgements are not supplied here.
You better file PIL on the strength of the said SC decision and acts of MCD.
Rajendra K Goyal
(Expert) 30 October 2014
Lodge complaint with the MCD against encroachment, give reference of the decision of Supreme Court. Use RTI to get information.
If no action, file PIL.
P. Venu
(Expert) 30 October 2014
A judgment, even of the Apex Court, does not rhyme with a statute.
Resolution of the query raised by involves complex questions of fact as well as law. This could be decided only through a civil action.
Dr J C Vashista
(Expert) 30 October 2014
I concur the expert opinion and advise of Mr. Rajendra K Goyal
T. Kalaiselvan, Advocate
(Expert) 02 November 2014
Experts have advised well, I concur with all the opinions, because all the suggestions are suitable and the author may choose whichever appears to him as best.
