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Home Cities Chennai

Expert Explain

By Justice K Chandru  |  Express News Service  |   Published: 23rd April 2018 10:08 PM  |  

Last Updated: 24th April 2018 04:07 AM  |   A+A A-   |  

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The apartment association has disconnected water supply to my flat saying I did not pay the corpus fund. But I had paid the maintenance fees fully. 
— Suresh M
Either you can pay up the corpus fund and be done away having war with your neighbouring owners or file a protracted civil suit. If you don’t get any interim order then you may have to buy water till the end of the litigation. Best course advised ‘love thy neighbour’.

I bought a flat in Srirangam and it was registered on July 11, 2014. But later it was found that the building was built without plan approval and it’s a trust property which was sold without court’s approval. What remedies do I have now? Can I move a consumer forum and demand the builder take back my flat and return my money?

— S Ranganathan
You can either move the consumer forum or if the construction agreement has got a clause for arbitration, then can seek for arbitration. Even otherwise you can file a civil suit for damages.

My agricultural land of 1.55 acres was acquired by the government in 2006 without the notice reaching me since they sent it to wrong address. The acquisition was also published in a few selected newspapers and it did not come to my notice. I have not taken the compensation yet and my petition was closed with a direction to government to consider my plea. So far my pleas were about handing back the land to me. But my real intention was to get a better compensation as per the new land acquisition law. What should I do to get the enhanced compensation under the new act?

— S Mani
You have missed the bus in opposing the acquisition proceedings. Even without challenging the acquisition proceedings, you can move the sub-court for enhanced compensation in case you are not satisfied with the compensation offered. The grounds alleged by you are very weak in challenging the land acquisition. Even for getting enhanced compensation, you should have moved the collector for a reference under Section 18 of the Land Acquisition Act.  The new Act (2013 Act) will not come to your rescue.

I am an EPS pensioner waiting for revision of pension as per a Supreme Court order. However, the revision was not effected and they are asking me to produce the Supreme Court order. How should I go about filing an appeal? Can I file the appeal in Madras High Court? My data is in the Mumbai office and I draw my pension at Coimbatore.

— Sundaranatarajan
You can file a writ petition in the High Court of Madras seeking for a revision of pension with the help of the legal aid services. You will be qualified for a legal aid.

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