Writ Petition is ideal remedy
Which one I should select from the replies, I received to my earlier question
Today I have posted query under title “To restrain municipal corporation from issuing BCC and OC”. Many Advocates replied to that question according to their experience and I say thanks to everyone. However I understand from above replies, that I have two options (as mentioned below) only, to prevent municipal corporation from issuing BCC and OC to builder, who is party in my pending partition suit. 1. To implead the municipal corporation in my pending suit and then file application before court, to pass the order and restrain Municipal Corporation from issuing the BCC and OC to the builder, till the disposal of suit. 2. To file writ petition in HC under article 226 / 227 of constitution, read with section 151 of cpc (as per my knowledge) against Municipal Corporation to issue the writ as per the prayer clause mentioned in WP. Question : Please inform which will be best option from above 1 and 2 in view of fast result and MC can issue BCC and OC at any day henceforth. please inform the pros and cons of above both (1 & 2). THANKS.
Asked 6 years ago in Civil Law
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10 Answers
In my opinion the first option may be better option for you because the local civic body has nothing to do with your partition suit over the vacant land what you are fighting for neither they are worried about the the structures raised by the builder especially when there is no restriction for this ct by the builder from any court of law.
The local civic body's job is to inspect the construction and if found to be in order complying all the requirements, they can proceed with the issuance of the certificate as per law.
You could not get an order of injunction against the builder from constructing the structure then what rights you have to ask the civic body not to issue the said certificate.
Hence a separate suit against the municipality in this regard may not be maintainable, however you may implead them as a party to the suit which is going on for the basic reason and may try to get an order of injunction against the local civic body on the same lines by which you are fighting against the builder and your brother in the suit.
1. The Municipality being the proper party should have been added as a party.
2. In the writ petition there is need of applying section 151 cpc and the Municipality having been a party tot he petition is liable to issued with the writ.
3. So file the writ petition as advised above.
Sir Devqjyoti Barman. I did not understand your reply particularly at sr. no. 2 . please explain.
Asked 6 years ago
Dear Sir,
- The writ petition is the best option what I see from your grievances.
- You don't require to file the petition U/s 151 of CPC as Section 226 covers it by default being HIgh Cout the Apex court.
- Besides, make Municipal Corporation the party with prior notice U/s 80 of CPC (Section 80 contains a rule of procedure and makes it mandatory to serve a notice before the institution of a suit against the Government or against a public officer.) along with the procedure to follow pertain to Order 29 of CPC.
- For any further assistance feel free to connect.
Regards
Vivek Arya
you can implead muncipal corporation in your existing suit and seek injunction
however filing writ petition would be better as you want fast results
We cannot comment on Mr Barman reply as we cannot see reply given by other lawyers
I meant to say mention only articles 226 and 227 of the Constitution. Do not refer section 151 of cc.
As Hon'ble High Court will not help you in any way in the matter as they opine as a whole not for the single property so easy , quick and better way is to move an application in the pending OS and to obtain orders accordingly.
Oc cc, issues once construction not in violation of building by laws and sanction plan. And matter is already subjudice before lower court, HC will not interfere unless some arbitrary ness proved.
So better pursue trail court suit.
As explained writ petition is the best in your case