execution of a decree
AJIT KAWATKAR
(Querist) 01 July 2010
This query is : Resolved
we moved a petition against Aurangabad municipal corporation for restraning them from our Legal srtucture within our boundries;which they claimed as ENCROCHMENT on RD.The Final orders were passed in our favour in 2003 It is as follows *2]suit is decreed *3Defendent[corporation]their agents etc.are hereby PERMANENTLY RESTRAINED from COMPOUND WALL & CAUSING OBSTRUCTION; INTERFERENCE;ENJOYMENT of COMPOUND WALL etc within their PVT ppty bearing c.s.----.*4]no orders as to costs *5]DECREE be DRAWN-UP ACCORDINGLY
My Q. is regarding [5] who's responsibility is to draw the Decree ;how to execute it ;what will be its effect?
pawan sharma
(Expert) 01 July 2010
The court passed such decree in your's favour meaning is thereby all defandents are restain to do any thing about your's legally made wall through prohibitory injuntion. if they again create any OBSTRUCTION or INTERFERENCE in the land u can file cotempt proceeding against them.
Y V Vishweshwar Rao
(Expert) 01 July 2010
You can file Enforcement of the Decre by Filing EP
You file Copy of the Decree before the Corporation and inform that any voilation of Decree amounts Contempt of Court
The Decree will be prepared by the Court Staff /Sharistadar/SUPDT and other Staff of the Court file Copy applicationa and get a Certified copy of the decree.
AJIT KAWATKAR
(Querist) 03 July 2010
thanks ur valuable guidance.accordingly i acted &recevied reply from corporation.they are interested in ACQUIRING some portion of our said ppty.for rd widdenning.in lieu of this hv offered *extra FSI/TDR/MONETARY COSIDERATION.Pl guide me through STAGES of ACQISITION so that we take appropriate precausions.
Y V Vishweshwar Rao
(Expert) 05 July 2010
Any additional Plinth Area in th Building permission in consideraiton of Your land being taken in Road , you have to get a clear valid Proceedings form corporation- how much your land is taken and what additional benefits are given to you in consideration of Your land taken for Road , keep this proceedings from the Commissioner of the Municipal corporation and apply for building permission in the remaining area /or/ you can now apply for Building permission and after getting the Permission with additional benefits allow your part of the land under Road .
