Legal Question in Civil Rights Law in India
The property which I owned had already been sold to my sister. But owing to my dispute earlier with my neighbour ( at present neighbour of my sister, who, I allege, in connivance with the MCD officials has manipulated the property records and tampered it as an unauthorized construction, because we have letters from the MCD earlier showing all floors and has electricity connection of second floor. Without knowing the property has been sold to my sister he filed the case against the property and the First Respondent was MCD and my name is Second Respondent. Without sending any legal petition copy as I am second respondent and without issuing any prior notice four times (but one time after demolition issued notice) got demolished the property of my sister. Whenever the MCD came for the demolition they told us it was done under the order of the Court order. Neither copy of the court order was given or shown to my sister or to me. So within the span of six months all four times in instalments got demolished the property. Our plea has not been heard by the MCD. Only after the fourth demolition we came to know through RTI that the neighbour filed the case and when we went to the court to attend the hearing he withdrew the case as he has satisfied the MCD�s action against our property and the judge declined to receive our request as it is withdrawn. When we approached another lawyer he misguided us in that process more than one year has passed and we cannot open the case which he filed. Now the property stands in totally damaged condition. What shall we do now? Whether we can get compensation by filing new case against the person (or against the MCD) who is responsible for making complaint against our property and the MCD acted upon his request after manipulation the records pertaining to the property of my sister? Or is there any other proper way of dealing this case? Please advice.
2 Answers from Attorneys
There must have been due notice before demolition to your sister the owner. So your sister can issue legal notice to MCD and the neighbour and then file a Writ.
MCD or the court cannot pass adverse orders unless they give an opportunity to the other party i.e. you or your sister. were the summons of the case sent to you or your sister. in case no summons were sent and the orders were passed, the orders are illegal and you may file a suit for damages and compensation against MCD and the neighbour collectively. however, i would like to see the case file and go through the orders of the court before opining any further.
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