Jurisdiction of court

Querist : Anonymous (Querist) 31 August 2011 This query is : Resolved
If a person who builds an extension of his duplex flat by encroaching into the common area applies for regularizastion and that application is rejected by the corporation, can the person seek relief from the court to get the regularizastion from the court.
The said encroachment was done in an area which does not cover in his sale deed.
Are there any precedents If the court has allowed the appeal and and given a judgment asking the muncipal corporation to allow regularizastion. If there are judgments given either by any high court or supreme court, can you please give me the details of the case.

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ajay sethi (Expert) 31 August 2011
you can apply to court but doubtful whether you will suceed . you are an encroacher and have illegally extended your duplex flat .

M/s. Y-not legal services (Expert) 01 September 2011
Am also supporting with mr.ajay

Raj Kumar Makkad (Expert) 01 September 2011
Courts are not sitting to provide shelter to wrong doer rather those are meant for justice at least for the help of those persons whose lands have been illegally encroached by encroachers. So do not hope to get relief.

prabhakar singh (Expert) 01 September 2011
I do not DOUBT! a wrong doer can not have a cause of action to protect his wrongs by seal of court.The next thing is that a civil courts'jurisdiction might be barred in view of certain enactments that confer powers on authorities to sanction map plan for houses and flats.

girish shringi (Expert) 01 September 2011
However,one can demand stay for the encroachment,to vacate it will take years.

Querist : Anonymous (Querist) 01 September 2011
So according to Mr. Girish that means if one makes an encroachment and goes to court he can enjoy the property for years and the encroacher would enjoy the property illegaly.
The maxim " justice delayed is justice denied."

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