CHENNAI: Of the 32 owners in our apartment complex, 30 of them have agreed to redevelop the apartment since it is in a very bad condition. Only two of the owners are not in favour of redeveloping our complex. Please advise whether we have any legal course to make those two members abide by the decision of our association.
— BK JALAN
Since the two dissident are also owners of the undivided share of the land unless they agree you cannot have a joint development even if majority are with you. Convince them even by offering some higher bribe for your project. There is no other way.
The Madras High Court has issued series of judgments pertaining to removal of encroachment, stating that the respondents (Government authorities) can take coercive steps such as disconnection of electricity and water supply, withdrawal of ration card from the present place and to stop all government benefits to those who are living or occupying in encroached lands of water bodies, pointing that those who have acted in violation of their fundamental duty to protect natural environment cannot be heard to complain of deprivation of any fundamental rights. Can judiciary alienate the basic rights of the people? The judgments have also justified usage of force and restrained civil courts from entertaining any petition for injunction relating to encroachment on water bodies. Are all these orders not cases of judicial outreach beyond the purview of law?
— Vanessa Peter
It was shocking that the High Court also directed the state government to requisition the service of the armed forces for carrying out eviction. If they do make a requisition, the very existence of state government will be in question since it will be considered as the government is incapable of running the show. But in any event since the concerned persons have moved all the courts, there is no other forum to complain.
I defaulted repaying a loan I took from a financial company and the company deposited one security cheque without my knowledge. Since the cheque bounced, they filed a case and a magistrate issued a warrant against me. Later the company approached me and I agreed to pay the remaining amount in three installments. Since the settlement is reached, I did not apply for a bail from the court. Will this create a problem for me?
— PBR MENON
Ask your lawyer to file an application for recall of warrant and also file a writ petition in the High Court seeking for an offer of one time settlement with the financial institution.
Justice K Chandru @expertexplains@gmail.com
is a former judge of the Madras High Court