Pil or writ

manoj joshi (Querist) 20 November 2013 This query is : Resolved
RESPECTED MEMBERS
I WANT TO KNOW THAT WHERE A MASS OF POPULATION OF A AREA IS EFFECTED BY THE ILLEGAL ORDER OF STATE TO BROADNING THE IINTER CITY ROADS( NOT HIGHWAY) WITHOUT ANY LEGAL DEMARKING ,STATE/PWD IS DEMOLISHING THE CONSTRUCTED BUILDINGS IN THE ROAD SIDEWAYS CAN THIS ORDER CAN BB STAYED BY ANY COURT OF LAW? HERE I WANT TO INFORM THAT ALL THE AFFECTED PEOPLES MORE THAN 200 FAMILIES AND THERE HOUSES HAVING PASSED PLANS OF THEIR BUILDINGS BY PRESCRIBED AUTHORITY ARE STAYING IN THE AREA FOR MORE THAN 30 YEARS AND HAVING REGISTERED LAND IN THERE NAME. WHAT WILL BE EFFECTIVE MEASURE PIL OR WRIT,AND WHAT WILL BE PROCEDURE?

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Sudhir Kumar, Advocate (Expert) 20 November 2013
For PIL the applicant should not be personally interested in the subject matter and he cannot withdraw the same.

malipeddi jaggarao (Expert) 20 November 2013
No PIL in the given case.
Try to file a Writ by all the affected people and obtain a Stay ORder.

R.K Nanda (Expert) 20 November 2013
WRIT PETITION IN HIGH COURT / IN SUPREME COURT IS THE ONLY REMEDY.

T. Kalaiselvan, Advocate (Expert) 20 November 2013
Please find out if any ordnance was published by the government for acquisition of land falling in the area for road widening purpose and has announced any compensation for such acquisition, if so, I think the said acquisition in the interest of general public/nation may not be set aside by the court and even a writ for the purpose may not be of any use, however file a writ and explain your case before the high court.

Rajendra K Goyal (Expert) 20 November 2013
Well advised by the experts, nothing more to add.

Kolla Gangadhar (Expert) 20 November 2013
200 People must Register an Association under Societies Registration Act, and on behalf of all 200 house owners one Writ Petition can be filed. Land acquisition case you can not file P.I.L. on behalf of 200 owners, because 200 owners are affected they have to file individual writ petitions. Property Right is the constitutional Right under Article 300-A of the constitution of India. Where is public interest is involved individual properties are acquired by the Government. contact GLOBAL LEGAL SERVICES, CellNo: 9290673693, Email: globallegalservicesindia@gmail.com

Thyagarajan (Expert) 20 November 2013
You have said PWD is involved in this. Get to know the address of Public information officer. Send a petition on what authority the works are carried out.It will take a month to get reply.
Once you come to know the order reference you can file a writ praying for calling of the order and quashing it. The petition can be signed by people affected.