hi all,
We had approached Prashant Bhushan's office also regarding whether there is any sense in approaching Supreme Court again with a review petition. Their office also has shared that there is no point in doing it since the case would go to the same bench and it needs to be filed within 30 days which essentially means we do not have any option to file after the current CJI retires..
This was the same advise from our advocate also. So, we are not thinking of any petiton again regarding these cases.
We had our Executive Committee Meeting today. At that time future action was discussed. It was shared that the cases where 18% simple interest + Rs 1 lakh compensation is the decision - such member would get about 5 times the amount paid if it is for 30-40 site and that proportion would get a bit reduced once the dimension increases.
In our experience, Megacity does not honour the court orders unless Execution Petitions are filed. Our Vice President Dr. Prasanna Kumar shared that it could be good to approach CP Yogeshwar for honouring the court order so that we could avoid litigation. He advised our Secretary to approach CPY and let us know the status within 2 weeks. In the meanwhile, we thought association could write a letter in respect of 18% interest + Rs. 1 lakh compensation cases giving the amount which needs to be paid by Megacity considering interest upto 30th Sep. 2015(if paid on 30th Sep, 2015! otherwise, interest gets added up) and know the response. If there is a firm commitment from Megacity within 2 weeks, we go ahead based on that. Otherwise, we file Execution Petitions. (I am skeptical about any good response from Megacity based on my experience. But, I do not come in the way of Nanjundaiah or/and Dr. Prasanna Kumar trying for the benefits of our members.).
In other unfortunate cases like mine, Ganesan, Nanjundaiah, I think in case of Lekha, Reshma, Shashikala etc., where judgement is to execute the sale deeds at the risk of complainant, we also need to file Execution Petitions and get a decision that they are not in a position to get the sale deeds executed (if Megacity does not have ownership they cannot execute the sale deeds - it is also mentioned in our orders if Megacity fails to get the ownership, we could approach other avenues of justice) and then approach District Forum again for getting refund with interest and compensation.
Please NOTE, there is no need for any of you(those who have paid for Supreme Court cases) to pay further for filing Execution petitions since we still have funds collected for Supreme Court cases. Details of amount collected and spent would be circulated to concerned members in 3-4 weeks may be along with AGM notice.
I shall update further progress after 2-3 weeks or so.
With best regards,
ravi