Dear Concern, you can very well file a review in form of a modification stating reasons as to how you are an affected party and you should be given a hearing before the consequences can be laid out arising out of this judgement. Clearly, your case needs a consideration. I would be willing to assist in any manner if it requires my assistance.
Supreme Court judgement on elephant corridor
We would like to take advice of the august jury on board for supreme court judgement passed by Hon court under reference number writ petition number 897 of 1996 . In this judgement the court has asked to seal over 29 resorts in the area of Madhumalai forest due to which over 18000 people are jobless and the town of Masinagudi has become a ghost town with no jobs or profession . We would like to file a interim petition for review of the same as according to denizens of the area the reference of elephant corridor taken by Hon court itself is wrong . The court has been biased to local authorities understanding of elephant corridor . The entire story is given on https://sosmudumalai.wixsite.com/website pls go through it its self explanatory . we need the guidance in following area : 1) can we avail the free counselling lawyers help to file IA. 2) Can the judgement be challenged ? 3) Can human rights get involved as over 18000 people have lost their lively hood. 4) All resorts are sealed and no business is there .in that area . 5) can any lawyer from this jury represent us at a nominal cost as all resorts are penniless .
Asked 7 years ago in Property Law
Religion: Hindu
13 Answers
1) you need Lawyer practising in SC to file review petition
2) you can draw attention of court to fact that 18000 persons are rendered jobless
3) you can avail legal aid facilities if you cannot afford legal fees
4) you can challenge the judgment but chances of success are bleak
in the past 12 years, the number of corridors with a width of 1-3 km has decreased from 41 percent to only 22 percent, and the percentage of these corridors possessing complete forest cover has shrunk from 24 percent to merely 12.9 percent.
The data indicates a drastic decline in the protection offered to the Indian elephant, as the corridors are affected by agricultural activity, mining, highways and railroad
2) the] elephant corridors have to be preserved to protect their habitats from fragmentation. They are of prime importance for migration of elephants from one habitat to another.
1.Yes you can avail that from the legal service authorities.
2. Yes a review can be filed before the higher bench.
3. Yes, further the balance of the convenience has to be seen on the merits of the case.
4. if seek help of the legal aid then yes if you appoint a lawyer then he will charge the fee.
1) You can get help from Government Lawyer for free of cost just ask to court to that yuo don't have any money to run the case.
Dear Client,
Aforesaid issue is concerned with the encroachment of revenue land which have been identified for development of the elephant corridor, so in this situation , even if people left job less, reason cant be sustain.
You can opt for counseling - judgment will required.
If final order is passed than review is last resort.
Human right is important issue, employees are not at fault but resorts owners are. they were making money on encroached land.
Litigation cost will decide accordingly after discussion.
Hello,
In India, a binding decision of the Supreme Court/High Court can be reviewed in Review Petition. The parties aggrieved on any order of the Supreme Court on any apparent error can file a review petition. Taking into consideration the principle of stare decisis, courts generally do not unsettle a decision, without a strong case. This provision regarding review is an exemption to the legal principle of stare decisis.
I do not think that any lawyer will appear without a fee.
Yes a review petition can be filed.
You may form an association and file the case.
Regards
1. How are you related to this?
What do you mean by free counselling?
If you are not able to conduct the case and not able to meet the expenses for litigation, you may approach the state legal services authority for free legal aid.
2. The supreme court judgment cannot be challenged in the high court, but you may file a review petition of the high court judgment in the same high court.
3. What is human rights to do with the court judgment, dont stretch your imaginations too far.
4. No comments.
5. You can approach anyone from this forum, if he or she is willing on the terms, you may proceed,
Hello
The judgment has made a drastic change in the lives and livelihoods of the people employed at that place. An application can and should be filed agajnstvthe final judgment. It is a case closely related to the human rights issues and there has to be a balance between the human and animal rights.
Regards
Most of you have suggested to file a review petition as an individual staying in this area for 18 years we are trying to help the poor people on humanitarian grounds only we have no commercial interests nor any resort there . How does one approach the Human rights Commission and is filing PIL in HC possible . Whats would be the apprx costs involved in any lawyer representing the case of behalf in SC and how effective is free cell . BTW the judge who passed the judgement is on the free cell panel will it affect us in any way .Pls advise .We are coming to Delhi on 16th instant and can meet any lawyer willing to help us . Dr sumeet, PhD
Asked 7 years ago
Dear Sir, please note that as review petition will be an available option for you. Since the matter has been adjudicated by the hon' ble supreme court and given its judgement, there is no point in approaching the human rights commision as it deals with complaints and the supreme.court order or judgement cannot in any manner affect your humanitarian rights. For that the option of review is available to you. Approaching hc for PIL will also not be an option since the sc has passed the order at length even through PIL the high court shall not interfere. Hence, both the options of approaching human rights commission and hc for PIL will not serve any purpose except approaching the SC in review. You may meet on 16th as desired by you.
Matter already adjudicated by SC, now SC cannot interfere by way of PIL.
Review is only option.
filing PIL in Hc wont serve purpose as orders have been passed by SC
2) legal fees vary depending upon lawyer engaged by you
3) number of lawyers on this website from delhi contact any of them
Since the Supreme Court has already decided the issue then in that case the review before SC is only way out.
Sir free cell in SC is effective further you can contact some NGO working for people to raise funds for SC petition further a new firm trusted and good can be engaged they will work hard and represent at low cost,.
No. Hon'ble. Justice being part of the committee doesnot effect.
There is no human rights violation in this, especially when the parties have gone up to supreme court for relief and remedy.
The rejection of their prayer by supreme court cannot be treated as human rights violation.
That is a judgment by supreme court as per prevailing law.
The aggrieved party has to look for solutions accordingly by alternate sources.
You can fix an appointment with a lawyer practising in supreme court and discuss on the subject before concluding on it.
The cost i.e., the advocate fee and the court fee can be heard from the same lawyer too.