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Narayana Swamy (security)     23 March 2017

Public can sue against govt officials for inaction ?

The Town planning officials of Greater Hyderabad Municipal Corporation in our area are very corrupt,encouraging illegal building constructions by joining hands with builders and giving permisions for multistoreyed buildings illegally by floating rules and making residential areas into commercial concrete jungle. They fail to perform their duties and not at all taking any action on public complaints.

 1) So on what IPC sections we can file case against them in the court ?

 2) As we are the aggrieved persons can we seek damages for all the physical, mental, emotional, psychological, social and financial loss and sufferings caused to us ?

3) What punishement do they deserve failing to perform thier duties ?

4) Before approaching Honb'e courts,do we need to get permission from Municipal commissioner or top officials for filing case against them ?

        Please clarify.

Thanks,

Narayana Swamy



Learning

 9 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     23 March 2017

Make a complaint against them to the higher officials of Muncipla Administration at State Head Quarters.  They will inquire and take necessary action.  but you cannot sue them.

Kishor Mehta (CEO)     24 March 2017

You can take recourse to the RTI Act to get a copy of the Town planning map and then proceed legally if you are in a position to prove any illegal acts of omissions and commissions on the part of the Town planning officials.

G.L.N. Prasad (Retired employee.)     24 March 2017

Before proceeding to court there are three aspects to be taken up.1 Collect all documentary evidences  2.Explore all possibilities like making complaint to higher authoriteis, ministry 3.Then approach to HC through PIL, explaining all the efforts taken so far.

In several corporations in Punjab, HC has admitted and ruled in favour of PILs in case of unauthorised / illegal constructions and passed strictures and even recommended for disciplanary actions against corporation officials.

Most of the corporation are having GPS, Google maps and sitting in their office, they can even observe those constructions in their systems.  Periodical print outs are obtained and preserved to find at exactly on which month the constructions commenced and completed.

dr g balakrishnan (advocate/counsel supreme court)     24 March 2017

see any illegal action of any public persons can be taken up under suo motu jurisdictrion of the court like wise you can also move the court by proper filings too

 

for exam[ple i quote my suggestion n the case of Air india assault by an unruly MP of an air lines staffer is as follows:

Now the suo motu cognizance by Bombay High court is needed; and issue notice to the Police commissioner Pune to file FIR by seeking the AIR staffer to sign the complaint and the Staffer as also the Air India to file FIR against this unruly MP and the Airlines and the staffer to file for exemplary irreparable damages under law of Torts besides, here the very political party shiva sena be made a party so that quantum of damages to cover even the loss of prestige of the 'staffer' (since attacked) and the  Airlines for having suffered 40 minutes delay besides the dsburnance to the pther passengers ib=n tht flight , after all the MP shd be aware when the flgt did not have  business cass as such in that flgt he shd have avoided the flgt but he seems he wanted just because this 'mad man in MP ' is travelling the Air lines need to put  business class craft  even if done it could have affected other economy passengers, the Shiva sena cannot escape irreparable damages to be paid by it to Air India corpn besides for the flight delay and disturbance caused to other passengers, besides delay of the flgt which might have caused unnecessarily inv=conveniences to co passengers, besides his unruly behavior has upset roaster schedules of the flights,,it being a PSC set up the disrespect caused to PSU also need to be quantified and added and thus make the party and the MP personally suffer damages, besides if he fails to pay exemplary damages he has to undergo at least 2,5 yrs jail sentence, irrespective of the fact he is an MP, that MP position shd get him one more yr jail sentence will be be the right natural justice; besides such fines and prison sentence would make this MP cannot contest  for next 6 yrs and if EC affidavit before SC is accepted for life long bar then that law be used against this MP, that way it will be a right lesson to any party member or any legislator, that only can prove india is a vibrant democracy; besides this particular MP  be never be given any air ticket for this kind of man is dangerous to the safety of the very carrier if it was airborne, then precautions is vital, he c shall lose all privileges as MP be made by the high court order. is the right remedy is my considered view, voters don't care MPs or  MLAs or corporators if they fail in civility  in their behavior is also my take under my considered opinion.

dr g balakrishnan (advocate/counsel supreme court)     24 March 2017

MP failed to be civil so he needs complete debarring from public  services work like MP or MLA, as none ios above law,

G.L.N. Prasad (Retired employee.)     24 March 2017

Great Expecatations 

dr g balakrishnan (advocate/counsel supreme court)     24 March 2017

certainly public can sue on inaction of public officials pls that is the basic tenet of the indian constitution;

dr g balakrishnan (advocate/counsel supreme court)     24 March 2017

that way only i said when MP slapped 25 times of air india staffer for no fault of the staffer, f the police hasnot rightly filed FIR against that so called unruly MP, police obviously failed in its mandatory duty to rightly arrest that MP forthwith, thayt way police really behaved as aslave of shiva sena, so i said the hon.hiigh court can suo motu take cogniazance when coward in people did not take on that M P by asking police to take action, that way i suggested to the hogh court to issue notice to the Pune police commissioner forthwith take an FIR from Air india and the staffer as also suggested to the Air india and staffer to move for exemplary liqidated damages too against the MP as also his party called the shiv sena to face exemplary damages suit from Air india and the staffer, besides the Ministry of civil aviation too can file for exemplary damamage against the party and the MP, besides the speaker may suspend the MP to make it possible for the police to arrest him by permitting the police to arrest him outside the parliament to make him available for the criminal offense as also exemplary damages too. that way citizens have enormous powers against their own representatives, like a parent can go against his or her unruly son too.

Sudhir Kumar, Advocate (Advocate)     25 March 2017

can file writ mandamus in High Court.


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