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Caveat Petition issued on wrong facts
02-Dec-2023 (In Civil Law)
We are staying in our house since past 31 years. There is a nala/open drain line of sewage water flowing adjacent to our house. House plan registered from the Housing Board & Municipality department. In Nov'17, we have received a Caveat Petition from Court of Junior & Senior Civil court, Court of District Judge,from the Petitioner (Dpt Commissioner, GHMC) stating that we have illegally occupied the Nala abutting the premises. But the fact is that we haven't occupied any area of the Nala. One corner of our compound wall (North east corner) overhangs through a cantilever above the Nala. There is no obstruction for the flow of the sewage water as well. Infact, we were told that only its a rain water drain as per the housing board plan. Now as per the letter, GHMC has standing instructions to demolish the construction on nala buffer zone. How do we counter this case. Please advice.
You have good case to fight for your title. As per your version House plan was registered with municipality and Housing board and now that GHMC is neglecting the same and instructions have been issued to demolish the same.... You can definitely challenge said letter issued by GHMC by filing writ petition before Hon'ble High Court and parellely you can file suit for injunction before trial court
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Adv. Rajesh Kulkarni
Hyderabad | 25+ Answers
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Hi
It appears that despite having constructed the house about 30 years ago and that you have a proper building permission from municipal authorities, GHMC is trying to encroach upon your land under the guise of having constructed the compound wall over a nala.
Also the caveat filed by GHMC at lower court is only a precautionary measure by GHMC to prohibit you from getting ex-parte injunction orders against GHMC.
If your compound wall is also as per approved building plan, you should get a stay from High court as High court only has powers to grant stay against illegal and arbitrary claims of GHMC.
It appears that despite having constructed the house about 30 years ago and that you have a proper building permission from municipal authorities, GHMC is trying to encroach upon your land under the guise of having constructed the compound wall over a nala.
Also the caveat filed by GHMC at lower court is only a precautionary measure by GHMC to prohibit you from getting ex-parte injunction orders against GHMC.
If your compound wall is also as per approved building plan, you should get a stay from High court as High court only has powers to grant stay against illegal and arbitrary claims of GHMC.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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You can give a reply to the Caveat and the same can be used before the court at the time of filing case from either side. As you have encroached by means of the candy lever over the nala, you cannot have any right over the same, you are bound to remove the same. If the GHMC tries to evict you from the house on such other grounds, than you can approach the court to obtain stay.
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