There is a encroachment on my property by housing society secretary. He has encroached my flats flower beds and constructed a shed on his first floor pocket open to sky terrace. He has constructed this with permanent construction and not with temperory monsoon shed. No permission from Municiple Corporation were taken and neither permission from society.
This is violation of FSI as well as MRTP Act. I have submitted complaint to the ward officer of Muncipal corporation in prescribed form A and several letters adn follwo ups. Number of RTI which reveled that no action has been taken on my complaint.
I even submitted a complaint under transfer and delays Act which is section 64C of BMC act to commissioner of municipal corpoaration, which provides punishment for not addressing the complaint within 90 days. However as usual no response on such complaint as well.
Now nowhere to go, I would like to file a writ under Mandamus in Bombay High court against the ward officer, head of encroachment department and municipal commissioner to issue order for the demolistion of unauthorised strcuture and order the punishment to concerned officers. My question is as follows:
1. I understadnt that the state will also be party to it being governmetn organisation, Kindly correct me if I am wrong. In case where the state will also be party, who in the state will be the party? What should i wirte the contact details of state who will be party for this writ?
2. Can I request the court to pass an order to municipal commissioner to take action against concerned ward officer under transfer and delays Act for not performing his obligation?
3. Can I request the court to pass an order against municipal commisioner for deciplinary action for not acting on my complaint?
would highly appreciate your comments and guidance in this regard.