writ petition when is it time barred

Querist : Anonymous (Querist) 05 August 2010 This query is : Resolved
may brother made an unauthorised construction on the floor of a house willed to me by my mother in 1999.

i wrote to the municipal corp of delhi where the property is located.

i kept on regular correspondence about its demolition and filed a petition with the public grievance commission delhi.

nothing happened.

i wrote again regularly and took the matter with rti.

the CIC passed sever stricture against mcd for failure to act.

QUERY

I WANTED TO FILE A WRIT PETITION AGAINST MCD FOR FAILURE TO DEMOLISH CONSTRUCTION

THE LAWYER ADVISES THAT THIS IS TIME BARRED.

IN MY EXTIMATION TIME BARRED PERIOD APPLIES IF YOU DID NOT INITIATE ANY ACTIION FOR 3 YEARS TO ACT.THIS IS NOT THE CASE.

WHAT IS THE POSITION SIR

WILL I HAVE TO GO FORM A CIVIL SUIT AGAINST MCD OR A WRIT CAN BE ADMITTED.

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arunprakaash.m. (Expert) 05 August 2010
No time of limitation is applicable for filing writ petition.

s.subramanian (Expert) 05 August 2010
laches alone will be considered and there is no limitation. i agree with arun.

Devajyoti Barman (Expert) 05 August 2010
Yes there is no law of limitation applicable in writ matters though at the same time the court does not intervene where lot of time has passed in the knowledge of the aggrieved person but he has done nothing. Reasonableness in time in approaching the high court in its writ jurisdiction is always the all important criteria.Here it appears that you have continued to do all the preventive or corrective measures but of no avail and hence the time gap should not come in the way.

N.K.Assumi (Expert) 05 August 2010
Concur with the members. Writ jurisdiction of the High Court is Extra Ordinary jurisdiction conferred on the High court by the Constitution and this power can not be control or curtailed by limitation or plea of alternative remedy, otherwise the color of extra ordinary power of the High court would dissolved. However reasonableness of approaching the High court as mentioned by the members is also one main criteria.

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