Can a citizen be joined as third party in a suit against municipality?
Vikram Patil
(Querist) 30 September 2016
This query is : Resolved
Dear Experts,
An Institution is constructing a building encroaching upon the open space of government land given for government residential scheme (Hudco). Municipality has passed the construction plan and gave the permission for this construction. But because of complaint of some citizens and the order of higher authorities, the municipality was forced to give the notice of demolition to that institution. Meantime the said institution filed a civil suit for injunction against municipality which was collusive (The chairman of the Instituion is also the leader of ruling party in municipality. It was done so to avoid the action against the construction. Municipality did not give reply to interim injuncion application so the injunction was granted in favour of the institution. Now my question is whether those citizens can ask to join themselves in that suit ? The said citizens have documents to show that there is clear encroachment in the open space of govt. land alloted for Hudco scheme.
Raj Kumar Makkad
(Expert) 30 September 2016
Yes. The public spirited persons shall have to move an application under section 91 & 92 of CPC and shall have to get permission and they can persue the issue to its logic end.
rajeev sharma
(Expert) 30 September 2016
no need to join suit file a writ directly in HC seeking direction of demolition of unautorised construction and also make a prayer to get the suit be transferred to HC
Rajendra K Goyal
(Expert) 30 September 2016
should move to high court to check such acts.
Raj Kumar Makkad
(Expert) 30 September 2016
1. Public nuisances.- (1) In the case of a public nuisance or other wrongful act affecting or likely to affect, the public, a suit for a declaration and injunction or for such other relief as may be appropriate in the circumstances of the case, may be instituted,—
(a) by the Advocate-General, or
(b) with the leave of the court, by two or more persons, even though no special damage has been caused to such persons by reason of such public nuisance or other wrongful
act.
(2) Nothing in this section shall be deemed to limit or otherwise affect any right of Suit which may exist independently of its provisions.
As per above-noted section of Civil Procedure Code, you can file an application under Order 1 Rule 10 of CPC read with section 91 and 151. There is no need to go to high court when the suit is pending before lower court which even has not been filed by you. Your interest is only for public purpose.
In fact, this is power of PIL to lower courts.
Ms.Usha Kapoor
(Expert) 01 October 2016
For fast and efficacious remedy going to Highcourt is the only solution.
Vikram Patil
(Querist) 01 October 2016
Thank you all experts.
Raj Kumar Makkad
(Expert) 01 October 2016
@Ms. Usha! The query of the author is whether we can be a party to ongoing civil suit then how the advice to approach high court is relevant and efficacious?
