A mobile company was installing a mobile tower at a neighbour's building. Everyone nearby me was worried regarding this tower. So, we registered a case in the civil court of Bilaspur, Haryana to stop the further installation work. We got the stay orders. The judge gave our lawyer the hearing dates. After 4 hearing dates, our lawyer said this to us:" The power for this type of cases is transferred to Zila Parishad, Yamunanagar. You will have to go to the Zila Parishad office, they will work on this case." The next hearing date court gave is [deleted]. The neighbour has already started construction work where the tower equipment will be kept. Something does not feel right. We are concern regarding this: - Does this really happen that the power of this type of cases is being transferred to Zila Parishad? Any help would be appreciated. Kind Regards, L
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File contempt petition. Your lawyer misguided you, ZIla parishad in govt. office,who may entertain such complains but court have absolute jurisdiction to entertain such suits. Don`t wait for nest date and file contempt petition.
And court suits dose not trasfer to offices.
The power of court cases never given to zilla Parishad you need to find out the same
when case is filed in court to stay installation of mobile tower how can it be transferred to zilla parishad
consult another local lawyer in this regard
Thanks to all for taking time to answer the question. I've just a follow-up question. Should we ask him to keep fighting the case in court? Is it possible if he just closes the case without informing us? Thanks a lot in advance.
Why will you ask him, court will pass order. If he will not honor court order, will go in jail.
you should ask your lawyer to continue appearing on your behalf
2) lawyer cannot close case with informing you
No they will inform you as you will go on dates of proceedings
Neighbour cannot starts constructions during pendency of case, did your counsel file stay order?
If yes, then file contempt of court.
Change your lawyer and engage any senior expert.
Without your consent your he cannot close.
1. The Authority to give permission for installations etc.... is given by Municipal Corporation /Council in City areas AND in rural places the authority is vested with the Zilla Parishad.
2. Amend your plaint in the Civil Court and add the "Zilla Parishad" as Respondent. Let the "Zilla Parishad", file its reply, as to why it granted permission and whether they had taken consent of the local residents to install Mobile Towers, in a residential area.
3. The reply by "Zilla Parishad", MIGHT give a new twist in the case. IF you do not implead the "Zilla Parishad", then your case will become infructuous.
4. You can also mobilize other residents support against the "Zilla Parishad" decision and force it to retract its permission.
check out the following, for some info:
chshelpforum .com/illegal-mobile-towers
1. The civil court be bereft of the jurisdiction to order injunction in such cases. It has the power to pass an order of injunction against the installation of tower. You do not have to go to Zila Parishad.
2. If an order of temporary injunction is passed and it is not subsequently vacated then file a contempt application against your neighbour if he has started construction.
Once you have filed a case before a civil court and the civil court has passed a stay order on this, there may be no necessity to approach the Zilla Parishad in this regard.
Since there is something suspicious, you may seek a second opinion from a different lawyer in the local and ascertain the facts and status of the case immediately instead of depending on your advocate alone.
If you suspect the integrity of your advocate, you can change the lawyer immediately and mercilessly.
You should bear in the mind that you are not dependent on this lawyer alone, you may choose another lawyer who would be able to fight your case properly instead of tilting sides.