What to do if GDA is not extending permission to mortgage for our property on 99 year lease We have taken a plot from GDA in 1987 on 99 year school lease . The GDA installments got delayed although we paid the interest but as per GDA there was further amount of Rs 3 lacs as interest to be paid. We approach local court and won in the year 1995. Court instruct GDA not to recover Rs 3 lacs. GDA appeal in session court but appeal decided ex party in our favour in 1998. GDA filed review in session court but it was also decided in our favour in the year 2002. GDA filed review in the year 2003. It was lying in the defective list till High court dismissed it ex party in the March 2018. GDA filed an application for restoration in March 2019. The case was restored on 23.05.19. It was contested and appeal was dismissed on 29.05.19. But GDA again filed an application for recall of the order and the same was admitted on 14.10.19. Now this is an endless situation where High court final judgements are keep on challenging again and again. GDA is not extending our Permission to Mortgage citing the reason that there application is pending in the court. Need guidance how to tackle this situation. Whether we can file SLP
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
1) on next date of hearing draw attention of high court to fact that review application has been dismissed and these are dilatory tactics adopted by GPA to deny you permission to mortgage your property on frivolous grounds
2) you have to wait till application pending in HC is disposed of
See if the application is admitted before court in this case.you have to contest same only at this stage SLP admission chances are less. Therefore it is better that you contest same and high court may dismiss same on merits and law.
As your matter is sub judice ant GDA is taking is taking the liberty to recall the ex-party orders of the court.
the slp route will be an option to get the direction from the supreme court in this regard as the matter is long pending for decision and the High Court decision is in review
Yes, you can file SLP under article 142.
Article 142 of Constitution of India deals with Enforcement of decrees and orders of Supreme Court and unless as to discovery, etc.It states that the Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before
Plus you can write a letter to concern ministry office and PMO at New Delhi.
Plus you can write a letter to concern ministry office and PMO at New Delhi.
Plus you can write a letter to concern ministry office and PMO at New Delhi.
You should file application in same proceeding with the prayer to extend protection agasint non renewal till appeal is pending.
In the same case where the appeal is pending you may file a petition seeking direction to the GDA to permit you to mortgage the property since you have been suffering ever since this litigation started in the year 1995 o before.
You may file an affidavit before the high court giving the picture of your sufferings due to the lethargic and endless stretching of the case by the authorities concerned in the name of appeals.
The court after seeing merits in your petition, may allow your petition
You may consult your advocate and proceed on the advise received.
you can file slp after the decision of HC only
- Yes, Better option is only SLP , but before filing the same , you should send a compelete details to the Chief Justice of India ,specially after stating that how an authority misuing the legal machinery.
You should make an application in High court for seeking permission to mortgage the property till disposal of review petition.
