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Narayana Swamy (security)     06 February 2017

Can i file contempt of court ?

Respected Sir(s),

                   One builder started constructing Multistoreyed building in residential area near to my house.I filed writ petition in High court,Hyderabad by stating that builder is going ahead with construction without permission..The councel of GHMC(Municipality) said that there is no permission granted for the building construction,so the Hon'ble court dismissed my case without giving any order and the Judge asked us to file contempt of court if the builder continue the construction work and the case is status is "pending"

But,Again after few days the builder started construction work and i came to know that GHMC has given permission now. Can i file contempt court on GHMC ?otherside the builder also destroyed few Trees on the footpath and digged 6.5 inch borewell illegally. Please help.

 

Thanks,

Narayan Swamy

 

               



Learning

 4 Replies

G.L.N. Prasad (Retired employee.)     07 February 2017

There is some misunderstanding some where.  GHMC then admitted that there is no approval before court and that established that construction was unauthorised. Now when GHMC has given permission/approval as competent authority, how that can be faulted with by strangers, unless some violations in the approvals and once again making a complaint in writing to Commissioner on violations.

When HC dismissed the appeal where is the question of contempt.  If HC orders for maintaining a status quo, or ordered for stopping of constructions till further constructions, then there are grounds for referring the court.  Some links are missing.

First get facts through documents as certified copie under RTI Act (Approved Blue print plan, terms and conditions for approval), and get photographs on such violation, then make a written complaint to Commissioner.  Remember the strictures of HC that HC was made as a post office in absence of Grievance redressal mecanism with public authority.  Explore all avenues then approach court.

P. Venu (Advocate)     07 February 2017

Yes, first of all, try to take up the matter with Local Body and if they are avoiding the issue take up the matter with the HC.

Narayana Swamy (security)     07 February 2017

Mr.G.L.N Prasad & Mr P.Venu,

                               Thanks for your replies.We have already lodged several complaints to commissioner to take action against the builder for going ahead with unauthorized construction but GHMC ignored our complaint and the builder is saying that he has permission but not showing the copy of the permission and the local town planning officials have recieved bribes from the builder as such they are not taking any action.

                              The councel of GHMC clearly informed High court that they have not given permission and also said that there is no construction going on but the construction going in full swing.The online status of our case is still "pending". My question is that if GHMC gives permission now, Is it come under contempt of court ?If we file contempt of court,what action will be taken by High court ?

 

Thanks,

K.Narayana Swamy.

G.L.N. Prasad (Retired employee.)     07 February 2017

Sir,

We can only propose possible guidance, which is easy, speedy and inexpensive.

You have been advised to get the copies of approval through RTI.

If it is urgent, and if the permission is unauthorised you can go for writ mandamus against GHMC. You should have filed photographs on the date of submission petition, and while filing contempt petition with latest photographs showing such contempt.

Members are not aware of queriest financial background, experience and always advise for economical, speedy solutions and to equip yourselves with concrete evidenes, as the HC Judges pass strictures and never considerate and sympathetic to PILs and they may impute motives.  Members may not be aware of your personal / professional relations with builder .  These kinds of unauthorised structures are never new to GHMC.

The decision is yours and it is final.  

 


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