Pil judgements not necessarily decides the civil rights
monikakularia
(Querist) 06 February 2015
This query is : Resolved
The case is related to declaration of ownership and permanent injunction. The petitioner held a land in the society owned by a govt. authority. That piece of land was taken back without notice justifying it as a land needed for facility area, although minimum required area is already left for facility.
The query is that it is a well known fact that PIL judgements are right in rem, and are used to decide civil rights but I working on behalf of the petitioner need to prove the contrary i.e. although PIL judgements are right in rem but they in some cases does not necessarily decides the civil rights.
P. Venu
(Expert) 07 February 2015
What do you mean by " The petitioner held a land in the society owned by a govt. authority."?
monikakularia
(Querist) 07 February 2015
Sure sir. Being a law student I put my problem forward here in this well recognized forum so that I may have my query resolved via experts. Rest, thank you for your consideration and time.
monikakularia
(Querist) 07 February 2015
p. Venu sir, the petitioner had a plot in a "govt. approved society" (land owned by a development authority), his land was taken without notice saying that it is annexed in the facility area (necessary area which is need to left) although minimum required facility area has already been left (60:40 being the ratio of residential area and facility area).
p.s. I apologize for not so good framing of the issue.
T. Kalaiselvan, Advocate
(Expert) 07 February 2015
The concept is not understood, how will the government take back the land once in possession and enjoyment of the party?, was it a vacant land kept unused?, or was there any super structure built on it?, What is a PIL doing here ? or what is the supreme court or any high court judgment telling about taking back the land by the government?, be specific in your query with more details or else your academic query is just vague.
Dr J C Vashista
(Expert) 13 February 2015
Vague and academic query by a student. Better to ask your tutor/teacher.
