Again encroachment after eviction by municipality
Maria Joseph
(Querist) 26 March 2016
This query is : Resolved
Sir,
I have filed a PIL and obtained a high court order to remove encroachments in a street. Based on the court order the encroachments was evicted by town municipality on 25/11/2015.After 2 days the street encroachers got an interim order for 3 weeks against town municipality by hiding the real eviction done on 25/11/2015.Their interim order date was 26/11/2015. Now the interim order time was got over and no any stay is there.Now the town municipality is refusing to do eviction again and refusing to remove the encroachment.
Is there any way to get further order or direction from high court to redo eviction???
Please suggest me suitable steps sir to remove the encroachment.
P. Venu
(Expert) 27 March 2016
You can bring the matters to the notice of the High Court through a Contempt action.
Maria Joseph
(Querist) 27 March 2016
Thank you sir for your reply.But if i file a contempt against the municipality they will submit the proof that they had already done eviction on 25/11/2015 and also they will produce the case pending produced by encroachers,isnt it??? And as a result my contempt petition may be dismissed,isnt it sir?
Please guide me sir
Devajyoti Barman
(Expert) 27 March 2016
File contempt application and submit proof that no effective eviction is done as encroachment is repeated.
Eviction means ensuring of vacating the place for good.
Devajyoti Barman
(Expert) 27 March 2016
Fresh writ is an option but I would recommend contempt application only.
Maria Joseph
(Querist) 27 March 2016
Thank you sir for your kind response.Will follow the same as per your guidance!
Dr J C Vashista
(Expert) 28 March 2016
@ Maria Joseph,
You had obtained removal of encroachment order from High Court as stated by you and encoraochment was removed on 25/11/2015; thereafter, how come the encroachers got an interim orders after disposal of PIL?
A smart hypothetical query.
Regards.
Maria Joseph
(Querist) 28 March 2016
@ Dr J C Vashista
Sir actually i have a normal writ pending in my name for the same matter in which those encroachers are respondents. After some days i filed a PIL in the name of my wife and got the order to remove encroachments and it was removed on 25/11/2015. After 2 days those encroachers filed a writ and got an interim order against municipality.The things included in their writ petition are as follows:
1) They have included that i got the order in the name of my wife for the same matter which should be reviewed.
2) Based on the order municipality is coming to do eviction.
(They have hided the real eviction happened on 25/11/2015).
By the above facts they got interim order.Now i unable to make my wife implead isnt it?
Please suggest me suitable steps.
