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Reg.enroachment case

(Querist) 27 June 2013 This query is : Resolved 
when filing encroachment case against neighbour is it essential to make municipal authorities of townplanning and commissioner a party to the case or is it sufficient to file case against the neighbour.
ajay sethi (Expert) 27 June 2013
i presume you have informed municipal corporation about encroachment . if no action is taken you have to make municipal authorities party to the case
Adv Archana Deshmukh (Expert) 27 June 2013
It wud depend upon where the encroachment is made i.e where is the area and it belongs to whom? If no public/govt area is covered then it is not necessary to make the govt or town planning authorities party to it.
Rajendra K Goyal (Expert) 27 June 2013
Agree with the experts, nothing more to add.
Raj Kumar Makkad (Expert) 29 June 2013
I stand with the advice of Adv. Archana. There is no settled law rather it is the requirement of the facts of the case to decide whom to implead in the case.


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