Cantonment act for unauthorised construction on cantonment land.
arunkumark
(Querist) 13 April 2016
This query is : Resolved
The illegal structure is built on cantonment land about 8 years ago and cantonment has sent the notice to the landlord 1 to 3 and also a tenant relative/advocate by profession at no 4 staying in the sane building.The landlord 1 to 3 along with tenant/ relative at no 4 approached the civil court for the stay against the cantonment authority to stop them to demolish the illegal structure.The illegal structure is a nuisance to the neighboring building for their through fare and also for passing the vehicle like ambulance/fire tenders etc. The matter is at hearing stage and the present situation is that the applicant at no 4(tenant/relative/Advocate)is expired a year ago and his wife is having property dispute with the landlord 1 to 3 of the suit property and not willing to cooperate with the claim/Defense of the landlord 1 to 3 that the illegal structure is existing since last 75 years and no one has objected for the same hence we have got the adhoc possession and now we are the owner of that land.Now after the death of the applicant at no 4 how his wife can enter into this case to bring the actual facts of the illegal structure.Is it possible to give her application in the same case stating about her husbands death and how he was wrongfully made a party against the cantonment board to fight a false case.We have already approached the cantonment board Advocate and narrated him the whole story about it. The experts are requested to give their opinion to smash this case which is on false ground. We have enough evidence like old photographs/neighbors ready to come and depose in the court. but how it is done legally to dismiss this case of the landlord 1 to 3.
Dr J C Vashista
(Expert) 16 April 2016
Some more information is there which is missing from this post.
Who is the landlord (No 1 to 3 as stated by you)if Cantonment Board is the owner?
How you are concerned i.e., what is your status qua suit property?
Being one of the LR of deceased tenant/ advocate (No 4)it is obvious that his widow shall step into the shoes of deceased litigant.
What is opinion and advise of your lawyer? Why do you want/sought another opinion?
arunkumark
(Querist) 16 April 2016
THANKS for the reply Sir, 1 to 3 are landlord of the building and the extra construction is made adjacent to the building by encroaching on the cantonment land.The No 4 was the relative of lanlord 1 to 3 and after his death his wife was kicked off the suit property and now her intention is to spoil the case of the landlord and she wish to stand against them.Which is the shortest way to spoil the case of the landlord.Is it posible to give her affidavit in the same suit in place of her husband by refusing all their false defense and bring the truth to the hon,able court about the real facts of the encroachment.
arunkumark
(Querist) 16 April 2016
THANKS for the reply Sir, 1 to 3 are landlord of the building and the extra construction is made adjacent to the building by encroaching on the cantonment land.The No 4 was the relative of lanlord 1 to 3 and after his death his wife was kicked off the suit property and now her intention is to spoil the case of the landlord and she wish to stand against them.Which is the shortest way to spoil the case of the landlord.Is it possible to give her affidavit in the same suit in place of her husband by refusing all their false defense and bring the truth to the hon,able court about the real facts of the encroachment. The lawyer appointed by landlord 1 to 3 will advise you only in the favor of lanlord but not against them.She already approached the respondent lawyer who said i can not call you as witness because the applicant lanlord has to prove their case so u have no roll to play from my side.very confusing state.
Guest
(Expert) 18 April 2016
1) You can only get illegal construction demolished
2) Cantonment board matter of encroachment on its land is taken under Public Premises eviction act .
3) Problem in Pune Cantonment board I will tell you , Eviction order is passed , demolition order passed , officer goes and tell police dept. for protection he does not get protection.
4) I heard from Engineering staff , Some officer get protection money and they forget the matter
This is bitter reality of Encroachment in India .
5) Matter under Public Premises eviction act goes on for years , This is truth and bitter reality .
arunkumark
(Querist) 19 April 2016
this is very bad situation of cantonment board under defense control
