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Suri.Sravan Kumar (senior)     18 September 2013

Opinion required

XYZ welfare organization earlier it constructed some houses and handed over possession to their respective purchasers. Now the Organization took up construction of flats for its retired employees after obtaining sanction from the concerned govt Authorities. The Respective purchasers formed an ABC welfare Association and lodged complaint with Govt Authority objecting the sanction and construction of work and filed WP in HC against the Govt Authorities as well as XYZ welfare Organisation. HC granted interim stay for short period. ABC welfare Association did not seek extension of time and the extension petition was dismissed by the HC. The Govt Authority issued notice to XYZ Organisation as to why the permission should not be cancelled. XYZ Organisation replied as there was no stay they are proceeding with the work. ABC knows well that their WP will be dismissed by HC. They want to move Lokayukta by withdrawing the WP. Now the question is Whether the Lokayukta will have jurisdiction on such issue? Whether the XYZ welfare Organisation can file injunction suit against ABC welfare Association, as well as Govt authority?



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 3 Replies

VIRAJ KADAM (Advocate Supreme Court of India)     18 September 2013

Dear Friend

If the permissions are in violation of authority and misuse of powers then the Writ Petition has some merits. If all the permissions are as per rule book then I feel someone is just playing a ploy to delay the project. Lokayukta in this case has no powers. Pursue your remedy in Court of law.

If the builder has all the orders and sanctions in place then YES he can file "Injunction suit".

Reagdrs

VIRAJ KADAM

Advocate

Suri.Sravan Kumar (senior)     18 September 2013

thanks for ur reply sir

T. Kalaiselvan, Advocate (Advocate)     18 September 2013

I agree with Advocate Mr. Kadam on the subject


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