Manish nemiya 22 July 2020

Do basic Human rights apply on court stay

Hello there,
We have a property case in local court and it's been 18 years since case has been filed but it is still in the court without any judgement.
My problem is that there is stay order on the land and the house we live in and there is no toilet in that and you can't imagine how embarassing and difficult are the situation for us. We have 3 women in the family and they suffer with their dignity in this situation.
Whenever we tried to build a toilet even in indoor opposite party complaint in the court.

So I want to know that is there any way that we can build even a toilet in our indoor only not a new construction on empty land.
By human rights law or other law is it possible ?
Please sir/ma'am whoever reading this plz guide me on this I really need help.
Please Please Please

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6 Replies

Dr J C Vashista (Advocate) 23 July 2020

You have already engaged / paid an able, competent and intelligent lawyer to contest your case, which is stated to be pending for the last 18 years, s/he is well aware about the facts and circumstances of the case, what is his/ her opinion / adivse on the query raised by you ?

Manish nemiya 23 July 2020

@Dr._Vashista I asked him but he said that court stay can not be overruled but he didn't say anything about basic Human and Women Rights, that's why I am asking here. By assuming that the people here are expert in judicial matters, and I would get any helpful advice.

G.L.N. Prasad (Retired employee.) 23 July 2020

The basic fact and meaning in such order is the property should not be alienated and construction of TOILETS can never be objected. Ask your advocate to file a petition for seeking court permission explaining the difficulty. Wait for a month and focus on your immediate necessity and construct.

Real Soul.... (LEGAL) 23 July 2020

Your lawyer is misleading you, the matter is of sensitive nature and on need basis you can file an application in the court for constrcution of temporaray structure to be used as Toilet. IF the court rejects just appeal in higher court you will 100% get the releif being of an emergent nature. Provide undertaking in court that in case you lost the case you will bring down structure on your expenses that will do.

Manish nemiya 23 July 2020

@Prasad sir and @realsoul thank you both for guiding me. I hope it will be helpful. One more thing I want to ask that should I contact to some other lawyer aprat from the lawyer who is representing us in current case, for this new application ?

Dr J C Vashista (Advocate) 24 July 2020

Submit an application to the Court (where case is pending) through your lawyer seeking necessary directions/ permission to construct toilet for use by inhabitants of the house, without prejudice to the rights and contentions of the parties to the lis.

If you are located in Delhi/ NCR and feel so, may contact me for any sort of assistance, guidance or proceeding at : Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 Cell # 9891152939 or email: majjagdish@yahoo.com.