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Clarification on an encroachment matter
22-Mar-2023 (In Property Law)
At 1995, some persons encroached the approach road of my plot which is present in the DTCP approved layout . Now we do not have any access to our plot. When approached the municipality authorities, they said like we cannot do anything as the layout owner did not gift the road to municipality via gift deed though it had been declared as road in the layout . So I have put a public litigation writ petition in the high court and the high court directed the municipality commissioner to remove the encroachments. Now the encroached parties approached local court seeking injunction. Will the local court provide injunction ? What's the probability of my success incase if I fight in the local court? Will the local court favour encroachers as they encroached for more than 25 years ? Can the layout owner sell the road to other parties which is marked as road?
No the lower court can not try the same case involving same parties as it has already been decided in the High Court as the decision of the high court is binding on all the lower court. The lower court can not provide injunction relating to the same matter.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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