• Illegally demolished my own building by TMC and Revenue staff and Pvt contractors.

Respected sir.
This is Rupesh shah from Indi town Bijapur dist karnataka. In year 2016 Aug 10th for the sake of road widening and encroachment in the city ,TMC chiefofficer and stafF and Assistant commisioner and staff with the help of police department and local civil contractors ..All these people in gather aporoached my building and forced me to vacant building in a hour. As in before a week i had given consent letter to all office not to demolish my building without any Compensation and rehabilation.and lodged WP in high court Gulbarga in before and granted stay order also. But forceably these people violated stay order and demolished my own building And than next i lodged Contempt of court . Its already running in high court gulbarga. I need advice from you can i lodge a crimnal complaint on these pvt contractors After 2.6 years. As these contractors do not have legal orders from concerned staff to demolish my building and neither tender process is done for road widening and encroachment work by tmc or pwd or revenue staff. All these answers are given to me through RTI. What kind of IPC sections can be claim on these contractors. Wil it effect anything to my WP case and CCC case which is running in court. First i approach to police station to lodge FIR on these contractors or shall move directly to court for pvt complaint. Please guide or reply on my mail [deleted] or cal me [deleted].
Asked 6 years ago in Criminal Law
Religion: Hindu

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8 Answers

Your house was demolished even while you had obtained a stay order. You have filed a contempt application in the hc against the authorities. The private persons and contractors should also be made a party. Let the orders be issued in this. While it is pending the matter is subjudice and hence you cannot approach any alternate forum. 

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

File FIR before local police station 

 

2) if police refuse to lodge FIR file private complaint before magistrate under section 156(3) of cr pc to direct police to investigate and submit report 

Ajay Sethi
Advocate, Mumbai
99798 Answers
8147 Consultations

file a writ against the concern department and for his illegal activity and also seek prayer for damages. If it is decided that the act of the concern dept is illegal then you will also compensated and criminal action may also be taken againt the illegal act.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can lodge FIR against mischeif,not following rte order of public servant etc. You can also file private complaint If they don't lodge FIR.

Prashant Nayak
Advocate, Mumbai
34529 Answers
249 Consultations

Dear Sir,

You have many options like

  1. File a contempt petition.
  2. File a police complaint.
  3. File private complaint before Magistrate and
  4. A civil suit for necessary relief including compensation.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

On the basis of the information obtained through RTI act, you may first lodge a criminal complaint against the contractor for demolishing your building, this is besides the contempt of court cae in the court.

You may pursue the writ case also simultaneously seeking compensation as well s the contempt of court case seeking relief and remedy.

 

T Kalaiselvan
Advocate, Vellore
89998 Answers
2496 Consultations

  1. As per the information mentioned in the present query, makes it clear that the officers have acted in an arbitrary manner and now facing the contempt of court as they violated the orders of the Hon’ble High Court.
  2. Sir, they would be answerable as to why they took the wrong step even after informing by you about the ongoing court proceedings on the issue raised above.
  3. Now, you can file a case for wilfully demoslishing your property and conspiracy also with each other.
  4. And would advice you to go through the lower remedy, step by step, first go to the police station then to the SP of police and lastly before the Ld. Magistrate by way of a private complaint.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Dear Client,

Pursue Contempt in HC against the officials as they were present at the site and at there instance building demolished.

And also file criminal complain against contractor for mischief, criminal trespass.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

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