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Mahender   11 August 2015

Govt. School construction in front of my house

I have an old ancestral house property in my hometown near to hyderabad (Wargal :-Medak district). Total area of the property would be around 500 sq yards. Towards north side of my house there is a huge open land of around 2500 sq. yds. Owned by private person NRI and was abondoned it for the last 40 years. We have been using a portion of this NRI's open land as the passage to reach my house from main road from the past 30 years. Infact there is a very narrow route alternatevily (only two wheeler can accessible) from south side of my house. But it is very long route to approach & no four wheeler is accesible. Recently local sarpach has allegedly allocated this NRI's open land to Govt. School by doing a resolution with his ward members . Later he himself taken the contract & started to construct the school building exactly infront of my house main gate blocking the pathway.Infact his action is an intentional political revenge on our family for some silly reasons. There are many other options in the same place to begin this construction without obstructing my passage route which i was been using since last 30 years and it was in my pocession & Owner also never objected us any time for using this. Currently we dont have immediate option to purchase this land as the owners are not in immediate contact & also they are in USA and once in 2 yrs they would visit India. At the inital stage of this construction we have approached the district head of this project and filed a petetion stating that it is a private land we are using this as a pathway from many years. based on my complaint District Panchayat Officer issued a stay ordered for an enquiry under the supervision of DLPO. Then DLPO did the enquiry and submitted report stating it as a private land belongs to NRI. But Sarpanch again by managing the Grama secretery approached the disttrict eductaion department and stated that the land is a Gramakhantam land according to 1995 revision record. basing on the Sarpanch statement , education project director again issued a start work order. at this stage the construction was at the basement level. Then we immediately approached the local court and filed a civil suit on 17th June 2015 based on the easementry rights requesting for injection order. But unfortunately Judge responded stating that "as it is governmnet work & without hearing the response from the departement i cannot issue stay immediately" hence he has given the hearing date to 29th June 2015. On 29th as the status of the notices were not served and no defendents has attended the court judge again issued the date to 27th July 2015 extending to one month. Now again on 27th July it is the same status (notice not received) once again he issued the date to 22 October 2015. In this meanwhile the Sarpanch has speeded up their work & completed the first floor slab & now he is about to complete the 2nd floor slab in another two or three days. So my questions here are:- - How far i have legal sources to win this keeping in mind that it is agovernment work but on private land, also keeping in mind that the amount of work which got completed by now & just basing on easementry rights. Theoritically i have learned that easementry rights is the only source to fight. But i kindly request to share your opinion that practically how far the winning chances are in this case to proceed furthure


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 2 Replies

Advocate Rohit (Advocate)     11 August 2015

you may ask your lawyer to take the matter on board on urgent basis by moving an application and ask for permission to do private service upon the defendant vide advocate letterhead alongwith the copy of the plaint. kindly take the photgraph of the construction site subject to the photo should have the date and time printed upon it so that the judge can take the urgency into consideration.

 

Regards

Adv. Rohit Dalmia

9324538481

Mumbai

Mahender   12 August 2015

thank you for the advice. our advocates are not filing any Petetion furthur inorder to show case it as an urgent matter. Since they filed initial Petetion on 17th June , they haven't filed anything furthur. As we questioned he is saying "this is court process, we cannot move as we want" he is also saying that "even if the construction happens let it happen, we can challenge them at the time of their counter petetion & we can get the dismentle order" . This is why iam worrying if we are going in the right path or do i change the better advocate ?

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