A corporation serves notice for demolition of encroachment on a defaulting resident of a flat complex The defaulter seeks stay order from a court. Corporation waits for judgement as a defendent. The appellant cum defaulter completes his encroachmemt by stalling the court for 13 months in following manner
1.indulgence in continuimg the illegal construction without approval from corporation. This he does when his own appeal for stay is under enquiry by court
2.The court admonishes defaultor for requesing a frivolous stay order on corporation demolition notice and dismisses the case.
3.plantiff merrilly continues encroachmemt and appeals against judgement not in his favour.
4.court reverses earlier judgement in favour of defaulter plantiff. Court admits a deposition by a witness newly brought by advocate of encroacher. By that time encroacher had competed his encroachement. Because the fraud witness said he is a witness of alleged encroached area that already existed 25 years ago. Encroacher advocate pleads that the corporation demolition notice is time barred and frivolous action of Corporation
5. Court ignores evidences produced by corporation with photographs, reviews by town planning, inspection by another court linked to same case which was produced by corporation. Corporation also had produced complaints to police at DCP level. In earlier hearings stalled by encroacher to complete his encroachmemt
6.How can the same court close the case which had 20 hearing , later iprobably in a single hearing
7.The defending party was the corporation commissioner. His successor initiates internal actions from joint commissioner who never responds as usual five years before. Commissioner seems to be helpless
8.All case papers which existed in digital records. Of court website have disappears..
What has actually happened?
The name of a resident in grief appears in court records as the initiator of complaint with corporation at all levels in corporation and police and Lokayukta
What action should be taken by Commissioner of corporation and lokayukta who seems to be aware of this.
What remedy for an ordinary senior citizen who started this and threatened by encroacher, an advocate by profession, of emerging consequenses of undesirable results to Sr citizen and his family
