• Do police have the right to enforce an order against which i have filled a petition in high court

My farmland comes under a project where they have to lay a gas pipeline of IOCL through it. I have filed a petition against some of the terms they have subjected us to in the high court. Due to the present situation, the high court is not able to pass any order yet. But the IOCL company in collaboration with the inspector of the local police station has started the work of laying gas pipes on my land. I haven't even taken their money and sign any contract or something. We also informed the local police station that we have filed a petition against IOCL. Still, Under their protection IOCL workers are forcefully laying pipes. As today is Saturday so that we can't even go to court at this time. Does the police inspector have the right to take sides?
Asked 5 years ago in Property Law
Religion: Hindu

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17 Answers

Immediately with all the papers apply for a stay order to the DM otherwise in absence of order from High Court they will continue with the work and DM has right to stop them.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

You need stay order from HC restraining laying of pipeline

 

2) you can seek urgent orders from HC even during lock down through video conferencing 

 

3) in the meantime gather villagers to hold peaceful protest against pipeline 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

1. See if their is no stay and the land is already acquired by notification and there is order for acquisition and possession then in that case police may help IOCL laying pipes as no stay from high court.

You have to check status of acquisition , any summons order is issued by DM or not if not you may file complaint before DM and Sp against the concerned inspector.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Sir,

It is nothing but highhandedness of police. You may use some influence that nice words through some known person with Superintendent of Police of your district. Normally Courts needs to work 24x7 in this developing country but it goes on holidays more than working days. You may bring media and threaten IOCL people. Use all your possible resistance and take ideograph of entire activities of police and IOCL. With out the court order police cannot interfere with civil matter. It is none of its duty. 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

The police cannot help you unless you have a stay order. If you have already filed a petition then move an urgency application in the high court and obtain a stay order first.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Without due process of acquisition, such thing is illegal. Since it is public work, court may not interfere but will grant you proper compensation and amendment of terms. And HC is taking urgent cases, your advocate will inform the registry about urgency, case will list on next day or in a weak.

IOCL is govt. company, certainly police will have to provide them protection.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

It appears that the public authority is taking advantage of disruption of normal activities in court. 

Since the matter has really urgent leading to make your writ petition infractuous, under the emergent circumstances you can ask for hearing of your case through video conferencing. 

Oc that does not work then if you succeed in high court your land can be ordered to be restored at its previous condition. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

You need go take urgent reliefs from court and stay the said operation. And earlier stay was given then contempt can be filed

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

File for temporary injunction application against IOCL project in your land ( Stay Order)

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

- Since you have not entered into the contract/agreement with the IOCL , it means that your consent for doing that work has not been taken legally , which required as per law. 

- Further, as you have filed a petition before the High court, hence also IOCL and police official should not take law into their hand , even there is no interim order has been passed due to lockdown. 

- You should lodge your written complaint against the said work by the IOCL before the police ,and higher official , and send a copy by email in the registry office of High court as well, so that on this ground you may claim compensation as well . 

- Further , submit the said complaint copy with the receipt of police in the office of IOCL or their official . 

- And further , as the High court hearing is continued for the urgent matters. hence you should move an application along with the complaint copy before the High court. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Sir,

You have not mentioned as to whether there is any stay order for the such work. If there is any stay order, the work of IOCL and inspector is police would be contempt of court. if there is not stay, then you are suggested to approach the SSP of your areas and file the complaint against IOCL and police inspector. Also, move urgent application in High Court.  

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

The police may have provided protection to them and not that they have interfered in the civil matter.

You may approach court on Monday with an emergent petition seeking stay of the operation of the work going on which is against your interests. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

You can apply for stay order. 

Convince the court, If the court is satisfied and believes you from the prima facie proofs, then it will grant a stay order.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Then in such circumstances you can file a suit for injunction, restraining IOCL from Laying the pipeline, please note you will have to use Sec 80 of CPC, which exempts the mandatory notice period and get the same filed under urgency application provided in the General rules Civil.

Nirmit Srivastav
Advocate, Lucknow
60 Answers

1. Unless there is a stay order passed by the High Court on the operation of the order, the order can be executed.

2. Mere filing of petition in the High Court does not result in an automatic stay.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. No police inspector doesn't have right to enforce any order against which there is petition pending in any court. 

2. You can file contempt petition against police officials and IOCL for laying pipes on your land during pendency of case in High Court.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

  1. As per the information mentioned in the present query, makes it clear that there is no stay order from the Hon’ble High Court, but yet also, there cannot be the abuse the process of law.
  2. If any stay order would have been at place then a contempt petition would have survived the purpose.
  3. But as of now, an urgent application should be moved before the Hon’ble High Court for getting stay in the act as the matter is sub judiciary before the court of law.
  4. There has been a facility to get the urgent matter listed during this present pandemic phase also.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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