One more please
Arvind Singh Chauhan
(Querist) 21 July 2012
This query is : Resolved
Sir,
Govt imposed ban on sale of particular area. Against which land owner filed writ in high court. In 2008 high court passed order " Parties are directed to maintain status co"
Now the Administration is using force on the construction of people who have bought land from owners or have lease on that land from 2005 or before. These people are not party in High court. SDM just seized the revenue record of that land. SDM is removing construction and issuing notice to such people " why contempt proceeding should not be started against them "
My query is-
1. Whether SDM can do so or may use force for removing construction. Is his step is legal, without any order of high court ?
2. Whether he can issue such notice or may start contempt proceeding itself.?
3. His step as seizure of land record is not contempt itself ?
4. Whether aggrieved people may initiate criminal action against Such authorities who are taking law in their hands.
ajay sethi
(Expert) 22 July 2012
was lease deed registered? you will have to prove that land has been bought in 2005 prior to order passed by high court .
the aggreived parties should immediatedly move the high court draw attention to orders passed in 2008 directing maintenance of stat us quo and seek an injunction restraining SDM from demolition .
the issue that will arise is whether land was purchased prior to the ban by state govt . if it was done at subs equent stage after imposition of ban why did these aggrived parties not moive the high court as other land owners have done .
you best bet is to move the hoigh court rather than intiationg criminal proceedings
