Advocate Aman Shankar

Questions Answered by Advocate Aman Shankar

Q: Public health emergency due to waterlogging, dengue & malaria risk.

Public health emergency due to waterlogging, dengue & malaria risk.Legal notice already drafted.

Advocate Aman Shankar answered
1. Writ Petition (Public Interest Litigation) – Most Effective RemedyLegal ProvisionArticle 226 of the Constitution of India (before the High Court) Nature of RemedyA Public Interest Litigation (PIL) seeking:Writ of Mandamus directing municipal/local authorities to:Remove waterloggingClean and repair drainsImplement preventive public health measuresConduct regular sanitation and fumigation Against WhomMunicipal Corporation / Nagar NigamDevelopment AuthorityPublic Health DepartmentState Government (Urban Development Dept.)GroundsViolation of Article 21 (Right to Life & Health)Failure of statutory duty by public authorities Why This Is Best FastWide reliefCourt monitoring possibleLong-term solutions orderedPILs on sanitation and waterlogging have been repeatedly entertained by High Courts and the Supreme Court of India.2. Proceedings Under Section 133, BNSS – Immediate ReliefNature of RemedyApplication before Sub-Divisional Magistrate / Executive MagistrateFor removal of public nuisanceWhen AppropriateStagnant water causing:Dengue / Malaria riskOverflowing drainsPublic inconvenience ReliefConditional order directing authorities or private persons to remove nuisance immediatelyNon-compliance can lead to coercive action✔ Very effective for urgent local problems3. Civil Suit for Public Nuisance

Q: Non payment of gst invoice of which tax deposited by us

Is there any law in gst to recover payment of gst invoice of which gst amount deposited by us

Advocate Aman Shankar answered
When GST can be taken back under law (exceptions) 1. Section 54 – RefundRefund is allowed only if GST was not legally payable, such as:Excess paymentWrong tax (CGST/SGST instead of IGST)Double paymentSupply not made / transaction failedTax paid under protest