Legal Question in Civil Rights Law in India

We had mhada original shop of 10X30'measuring,During roadwidening it was demoilished and reallotted in 1979 of 8x17'measure.Tere was loss 164'measuring land.We had open space behind our shop of 8x23 belonging to MHADA,we requestd in 1996 toMahada to reallot officially ,MHADA allotted 136'measurement land in 1999 but without letter for payment for which we kept on following Mhada but all effeorts were invain.There were lot of encroachments happening in this land and we kept on writing to MHADA and BMC so as it to remain as an open land.We once again wrote MHADA for official allotment in 2010 but there was no reponse.Since the owner of the shop died in 2012 the neighbouring shopowner has encroached the same open land (for which we got partil allotment) by building kitchen illegally.Complaint was reported to Mhada but before removal of encroachment it seems they take hearing.Hearing date not announced yet meanwhile I wld like know below

1)I want to to know meanwhile the hearing is being taken can the neighbouring shopkeeper who illegally encroached the land can he do cement construction to build zopdi on MHADA land?

2)Can we approach court to take stay on that land on the basis of land distribution letter dated 1999.

3)Can court ask Mhada why they have not taken action on our official allotment letter dated 1999 and request dtd 2010 and instruct mhada to reallot and complete the allotment and possesion formality?

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Asked on 6/09/13, 3:48 am

1 Answer from Attorneys

file petition before High court

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Answered on 6/09/13, 3:53 am


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