Sadanand B. Panchal
25 November 2014 at 20:06
Respected Experts,
The developer in the year 2008 while constructing building felled 18 trees with permission of the Tree Authority-in the year 2011 felled another two trees without permission-Therefore complaint was filed by the occupant of the same plot before the Garden Department of H-West Ward BMC. The officer from the Garden Department visited the site and found that two trees felled illegally and also found that the developer has not replanted the 18 trees in the Plot within 30 days from the date of cutting of trees violating its own undertaking given to the Tree Authority-Thereafter the said officer reported to its higher Authority about violation of section 8 and 21 of the Maharashtra Protection and Preservation of Trees Act, 1975-N.C. Complaint was issued by the Ward officer BMC before the Senior Inspector of Police station under section 8, 21 of the Act. Pursuant to the said complaint the Police registered First Information Report against the Developer in the month of January 2012. Pursuant to the said First Information Report, a Complaint Case was registered before the Hon'ble Metropolitan Court but the Charge Sheet was filed against bogus accused by the Investigation officer of the Police Station.
At the time of the leading of evidence the PW 1 who is the Horticultural officer of the Garden Department BMC deposed that the offence of tree fell was committed by the Developer itself. When original complainant PW 2 was called for lead evidence it was found that the developer was not arrested and presented before the Court but the bogus person was brought by the IO. Matter is still continued and pending.
It was astonishing that pending the matter of court Complaint case as aforesaid i.e. First Information Report against the developer according to BMC itself, the Superintendent of Garden Department has violating the Rules granted No Objection Certificate to the building Proposal with falsely stating that the developer has planted 44 trees. As the tree condition under the IOD was shown to be fulfilled by false NOC from the Tree Authority, the Executive Engineer (B.P.) issued Full Occupancy Certificate to building named Dunhill. Matter of Tree fell pending in the Court.
The grant of illegal OC is now published in two newspapers.
I am the original complainant in the matter. I feel that such malpractices have been regularly done by the Tree Authority Mumbai with the effect the number of trees in Mumbai decreased. It will affect the environment. The developer also not provided the Rain Water Harvesting System to the Plot, entire earth below to the rock and to the property line of plot boundary is removed and replaced basement and parking so constructed.
Kindly inform me How to get revoked the Occupation Certificate granted to illegal building. Whether by way of filing complaint to the Additional Municipal Commissioner or any other officer or by way of Suit or by way of Writ Petition. I have already filed right of way Suit against Society, developer and BMC despite pendency the OC was found to be granted. There are number of complaints including MOFA Act against the illegal building construction for many violations but the BMC officers ignoring and complainants are either threatened or settled. Therefore I am fighting alone. Please give me hand.
What to do for getting suspend the officer Superintendent of Gardens who issued NOC despite there was complaint of its Authority pending against the developer in concerned with the same Plot and Building permit.
Regards,
Sadanand Panchal
shrikant
25 November 2014 at 16:42
Respected members
The suit for declaration and injunction is pending between two parties say A&B.The Ho'ble court passed ad interim Injunction order agaist B restraining her allainating or creating third party intrest in suit by way of transfer,morgadge or gifting etc till the disposal of suit.Now B has made electricity connection application to Electricity distribution co.ltd.my question is
1)Electricity distribution co.ltd is not party to the suit whether the injunction order is applicable?
2)there is no comment about electricity connection in injunction order
3)whether the objection of objector regarding not releasing electricity connection is sustainable in eyes of law?
Thiru
25 November 2014 at 16:18
Dear Sir / Madam,
Recently we have won the case in civil court Bangalore , but i am not aware of case number and other details , except date of judgement and petitioner / Respondent Name .
Kindly HELP .
Thanks in advance
Regards
Ganesh
Priyanka
25 November 2014 at 16:02
Dear Sir,
I need some guidance , what all questions are being asked by plaintiff advocate from witness in registered WILL .
How can suspicion be cleared that WILL is valid and genuine .
what are the facts/instances one keep in mind while replying in cross examination .
Any documents to be carried along by witness at registrar office.
only 1 son is beneficiary in WILL and rest children got the shop but it is not mentioned in registered WILL
WILL is registered in 1988 and transferred to D-1 in year 2005 after death of his mother .
REQUEST to all lawyer industry friends to through some lights on above mention query with all positive and negative thoughts which will upraise during cross examination .
Regards
Dr Priyanka
Uday Kumar
25 November 2014 at 14:29
Dear Sir,
In a Civil Suit Defendant no 1 is company , Defendant no 2 is Partner
Summon was issued to both and Defendant no 2 appeared but summon to Defendant no 1 not served and Process is coming as No such Company Exist.
My Question is why Summon to the D2 cannot be presumed to be served to the Company/D1 as well.
Any Law Judgment on this Point.
With Regards
Uday Kumar
roshan
25 November 2014 at 10:20
Dear Experts,
I live in an apartment in Bangalore with my family.
I would like to know if there is a law restricting the volume of music/noise in an apartment when causing disturbance to others.
My neighbor (who stays above us) uses a large music system with amplifiers and woofers which has become a nuisance for us.
I tried to reason with them several time and also argued with him. His point of view if why cant he play loud music in his apartment when there are neighboring societies who play during parties and festivals.
I reasoned with him that he is pitting his entertainment versus my family's peace of mind. He argues I should be complaining to the builder on the construction quality instead and he has the right to enjoy in any manner in his home.
I wanted to know if there is a law restricting how loud you can play music and cause disturbance in this respect, or any other legal manner on approaching this problem.
regards
Roshan
Gopal Krishnan
24 November 2014 at 23:28
My land lord filed suit for eviction on ground of non user. Trial court passed reasoned judgment and decree and dismissed suit. Land lord has filed appeal. No specific ground is given. The grounds are vague and general such as the judgment is
illegal, improper, bad in law, against principles of natural justice, trial court failed to appreciate facts and evidence, erred in appreciating evidence and documents etc. In the grounds there is no specific grievance. My Advocates says that there is no need to file affidavit in reply but he will argue the matter. I want to file reply denying the allegations and stating that the judgment is in accordance with law and all aspects have been considered by the trial Judge.Experts kindly advise whether reply should be filed or only arguments will suffise. Matter is under Maharasshtra Rent Control Act and is before Appellate bench of small causes court. Thanks in advance for your valuable advise.
Gopalkrishnan
N.J. MISHRA
24 November 2014 at 17:49
DEAR MEMBERS NEED YOUR ASSISTANCE;
BELOW IS THE DRAFT OF THE NOTICE ISSUED FOR RECOVERY OF THE MONEY, THE NOTICE WAS ISSUED A MONTH BACK. KINDLY ADVICE WHETHER MY CASE HAS BEEN BARRED BY LIMITATION PERIOD. KINDLY DO THE NEEDFUL.
1. That it has come to the notice of our organization that the requisite revised plan permission for Non – agricultural use of the property on which our organization is situated, required from the revenue authorities, has not been obtained and the same was required to be obtain. Hence, MOU dated 11/03/2010 and 01/07/2010 was executed by and between our Organization as an “Institute and you as a “Consultant”. As per the said MOU you were in a position to obtain the requisite (NA Order) from the state government latest by 01/10/2010 and 15/10/2010 respectively and accordingly our organization agreed to pay you Rs. 11,03,000/- and Rs. 22, 06,000/- as Consultancy fee in the mode appearing in clause 4 on page 4 of the said MOU.
2. As per the mode appearing in clause 4(a) on page 4 of the said MOU, Rs. 2,74,500/- vide cheque dated 06/06/2010, having cheque No. 292514, drawn on HDFC bank, Lonavala Branch, after deducting TDS of Rs. 30,500/- on Gross payment of Rs. 3,05,000/- and Rs. 5,51,500/- vide cheque dated 08/07/2010, having cheque No. 296539, drawn on HDFC bank, Lonavala branch, after deducting TDS of Rs. 61,278/- on Gross payment of Rs. 6,12,778/- was paid to you but the said NA order was not obtained till the period specified in above Para – 1. Since then on various occasions you have been requested by our organization to return to them the said amount, and at the time of every demand to you, you have only gone to postpone the promises and till date only an amount of Rs. 1,37,000/- vide cheque No. 754101 dated 21/08/2011 is returned back to us. Unfortunately thereafter nothing has been heard from your end for refund of balance amount due to us. Hence, you are humbly requested to return to our organization the aforesaid balance amount of Rs. 7,80,778/- along with interest @18% for the delayed period, immediately on receipt of this letter.
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Gpa
A. Father
B. Only son from A'S first wife
C.Son
D.Son
E.Son ( three sons from A'2 nd wife )
B dies in 1989,
A,C,D,E has executed a gpa to F in 1995, A, Dies in 1998.
F sells the property to G in the year 2002.
RTC was in A's name
Query 1:The sale deed was created by F in favour G Via GPA after the death of A ( B,C,D ) are still alive.
I am the only son of B, What is my rights & B,C,D rights over the said property.
Query 2: Can i challenge the sale deed made by F in favour G Via GPA after the death of A.
Query 3: Can G fight for the share of ( B,C,D ) as they are are still alive.