Evidence not provided by the standing counsel
Querist :
Anonymous
(Querist) 11 December 2011
This query is : Resolved
In a demolition case relating to an unauthorized structure the standing counsel has not provided evidence that the regulation request made by the party was rejected.
The junior civil judge in her final judgment vacating the stay given in favor of the party directed the municipal corporation to communicate the rejection to the party.
But the standing counsel has not given the order copy to the corporation authorities.
Through RTI, i have information that the municipal corporation has already sent the rejection letter to the party but the standing counsel for reasons best known to him has not placed it before the court.
The party taking this point to their advantage has now filed a writ petition in the high court that they were not informed about the rejection and the reasons given for rejection.
The party also obtained a stay from the high court in a CRP against the judgment of the VIth Junior Civil Judge, city civil courts and the orders of the IIIrd addl. Chief Judge, city civil courts, dismissing their interim stay.
Are the actions of the standing counsel of the municipal corporation are according to the ethics of the the position bestowed upon him.
Raj Kumar Makkad
(Expert) 11 December 2011
The role of Standing Counsel is highly dubious and such counsel should be removed from his post as standing counsel bu such relevant authority.
prabhakar singh
(Expert) 11 December 2011
Yes! complain and get him removed.
V R SHROFF
(Expert) 12 December 2011
it is for demolition.
Municipality issue notice under complaint of few persons, and indeed do not want to demolish the structure, so allow op to get Stay Order.
As and when it is vacated out,, Municipal Corporation do not press their Advocate.
Advocate usually act under the instruction of Municipal Corporation, and BMC / any Local Body instruct according to priority /
I have one case where the Landlord want to demolish his bulding without paying their tenants. MBC send Demolition Notices, otherwise Land Lord will complaint against Municipality.
& Do not Demolish, advise Tenants to get Stay Order from Court.
Now MBC have their answer for not to demolish "Court Order"
Advocates are under instruction what to press & what not to press.
It also is a result of many influencing factor, Money, Few Councilors, Few Ministers, Dons, and Officials of BMC.
It is a Complex matter, and one need not blame Standing Counsel.
Pl don't look only the tip of the iceberg.
observe inside force and underground flows that shake that tip of iceberg. It is money & power, and vested interest of builders and politicians.
Querist :
Anonymous
(Querist) 12 December 2011
To complain against the standing counsel, what course of action should I take? please advice.
Devajyoti Barman
(Expert) 12 December 2011
Lodge complain to the authority which had appointed him.
Guest
(Expert) 12 December 2011
Definitely, a case of sheer negligence on the part of standing counsel!
Querist :
Anonymous
(Querist) 12 December 2011
I informed about this to the muncipal authorities, but there was no response from them.
What should be my further course of action.
As an individual i cannot fight aginst a corporation run by the government.
Any suggestions please?
