rajendra kumar shukla (Teacher) 26 December 2013

Can this case be heard in high court

Sir, I have one residential plot of (40x45) with compounded wall and one gate. On jan 2010 first religious construction was made on 40 feet front side . Second religious construction was made on 5 dec 2013. Now on since 18 dec. 2013 third religious construction is being made . Now i have only 7 feet front left to the roadsides. This way I have been deprived off my right of getting clear front to roadside.I have given application to Collector and commissioner of municipality quoting supreme court's judgment of 29/09/2013.

Now my question is" Can I move to high court directly for the issuance of order of demolition of all unauthorized

religious structures ? Or "Will I have to go to city civil court first .? Please answer to my doubt

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5 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 27 December 2013

You have to approach city civil court first.

T. Kalaiselvan, Advocate (Advocate) 27 December 2013

Your query is very vague. Who constructed the religious constructions and on whose place? Do you have any interest in that place, what is your query ?, In what way is the said construction disturbing the possession and enjoyment of your property? Is there any encroachment of your property?, give proper details so that you can get proper answer.

VIRAJ KADAM (Advocate Supreme Court of India) 27 December 2013

Dear Friend

My brother T. Kalaisevan Adv is right. You have to give details as per his request.

However, if you want to move High Court it would be only my way of Writ Petition. But I doubt without knowing your facts that Writ would be maintainable. The other option open to you is Suit for declaration to City Civil Court making local municipal bodies party.

Regards

VIRAJ KADAM

Advocate, Supreme Court of India

S.QAISAR ALI ADV. (Advocate) 27 December 2013

Your version is not clear,so to obtain a clear cut opinion from any lawyer forum ,facts of case be clearly placed to enable the lawyer to give opinion.pl carry on accordingly.

Adv. Mandar Pimpalkhare (Advocate) 21 November 2014

Mr. Shuklaji

Though it posted 10 months back. Am totally agree with opinion of Mr. Kalaiselvan, Mr. Kadam and Mr. Ali. Unless you clear your version who had made construction, and where it is made. is your land is being encroached? or your access is paralyzed by these construction. It is very difficult to give any opinion