(Querist) 09 September 2022
This query is : Resolved
My neighbors made illegal constructions (ground and 1st floor) and the matter was settled in Lok Adalat as Decree wherein the neighbors given a written statement that they will not prevent the authorities from demolishing the constructions. However, only cosmetic demolition was done by Municipal Corporation of Delhi. Further, the MCD has regularized the ground floor illegal constructions eight months after the Lok Adalat decree since they are politically influential people. The cosmetic demolition was carried out on different dates and every time the neighbour reconstructed it which itself shows that the demolition did not took place effectively,. When MCD team last visited for demolition, they were attacked by the neighbors and we made the audio and video recordings under section 151 to the court and given written compliant to the police also. We filed a contempt petition and submitted photos of illegal constructions which are yet to be demolished and also the audio and video recordings of the attack as a proof. Despite this, the trail court dismissed our petition stating that with mere photographs they can not decide on the illegal constructions and also did not consider or mention anything about the attack despite the submission of video and audio recordings which was a surprise to us. Further, the trail court mentioned in its order that no malafide intention can be imputed on the action of MCD if the unauthorized construction in flat is regularized as per rules and the court can not go into the question as to whether MCD has regularized the alleged unauthorized construction as per rules or not. We have RTI responses wherein the regularization was done against the rules since relevant documents were not submitted. Further, despite the submission of video and audio recordings on the attack on MCD officials, the court has stated that there is no material on record to show that the defendants violated the undertakings given in the Lok Adalat Decree. So, we wish to file an appeal in the high court against the trial court order.
1. What is the limitation period to appeal against the trail court order in the contempt case?
2. If we file the appeal, how long the high court takes to dispose the same?
3. Despite the submission of the video and audio recordings over the attack on MCD officials and police compliant, how come the trial court con conclude that there is no material on record?
4. What else is the alternative we have to ensure the demolition of the illegal constructions?