Any person who want to assist the court in deciding a case which is already filed, can file Intervention Application (IA) to the Court. If the court allows IA filed by the applicant, they can intervene. As per order XVII of Supreme Court Rules 2013 . Interveners shall be allowed to receive documents produced and relied upon by the petitioner. Intervener may make oral submissions with the leave of the court. As per Supreme Court Rules Respondents includes an intervener. No miscellaneous application for intervention, impleadment or direction by a third party shall be entertained, unless otherwise directed by the Court.
Sample format of Miscellaneous Application to Supreme Court Seeking strict implementation of Supreme Court order is given below:
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
M.A. NO. OF 20__
CIVIL APPEAL NO ____ OF 20__
IN THE MATTER OF:
_______________ PVT.LTD. APPELLANT
STATE OF _____ AND ORS RESPONDENTS
AND IN THE MATTER OF:
MR. ______________ & ORS APPLICANTS
AND IN THE MATTER OF:
Mumbai - 4000__ APPLICANT NO. 1
2. MR ______________________
Mumbai - 4000__ APPLICANT NO.2
APPLICATION FOR INTERVENTION
THE HON'BLE CHIEF JUSTICE OF INDIA AND HIS COMPANION JUSTICES OF THE HON'BLE SUPREME COURT OF INDIA.
The humble petition of the Applicant above-named.
MOST RESPECTFULLY SHOWETH:-
1. That the present Application Intervention is preferred by 5 aggrieved members of the _____ Co-Operative Housing Society, Mumbai (Respondent No. 3) seeking protection of their constitutional rights as well as to protect their vital interest in terms of the Judgment dated _______ passed by this Hon'ble Court.
2. That Applicant No. 1 to 5 are members of the Respondent No. 3 Society having valid share certificates. The Respondent No. 2 have also denied to Compensation to the Applicants for the land owned by them by violating the order of this Hon'ble Court dated ____ and offered a paltry amount of Rs. _____/- for the land portion owned by the Applicants.
3. That the market value of the land is 10 times more than the amount offered by Respondent No.2.
4. The Applicants were not a party before this Hon'ble Court while disposing of the Civil Appeal. But the applicants are members of Respondent No. 3 Society and their rights are adversely affected due to the malafide acts of Respondent No. 2.
5. That while disposing of the Petition on 04.1.2018 this Hon'ble Court observed that:
"...therefore, we see no reason why the owners of the land, should also not be compensated for the price of the land."
6. That this Hon'ble Court also said that as members are owner of the land and owner of the structure there upon, they should get compensation, either in form of cash or in kind or by means of additional built up area out of developers own free sale area. The direction of this Hon'ble court was:
"benefit they will give to the members of the Society either in cash or in kind by means of giving additional built up area out of their own free sale area to such members of the society".
7. That this Hon'ble Court had disposed of the said Civil Appeal on ____ .
8. That the Respondent No. 2 by violating the direction of this Hon'ble court has issued a letter dated ____ to the Chairman/ Secretary, ____ Co operative Housing Society and said that the offered value of extra space for eligible members of the society by the New Contractor is Rs. ____.
9. That the amount offered by the Developer is a very small amount in comparison to the market rate and circle rate prevailing in that area. The Circle rate per Sq. Mts in the said area is Rs. ___ as per the Stamp Duty Ready Reckoner & Market Value of Properties in Mumbai 2019-20. On the basis of circle rate the amount for __ Sq. ft. is Rs. _________/-. The said offer is to get huge benefit to the Builder and the Slum Dwellers will lose a large amount of compensation. The Society office bearers have not properly placed the fact before Respondent No. 3.
10. That the Applicants are not consented to receive compensation amount of Rs. ________/-, instead of that the applicants are seeking constructed space to compensate for the portion of land owned by them as per the Direction of This Hon'ble Court.
11. That Applicant No. 1 to 5 are members of the Respondent No. 3 and were residing in their houses in the Society. Because of shifting out them from their houses, they have to bear extra burden of rent for alternate accommodation.
12. That the applicants are aggrieved by the letter dated ___ issued by Respondent No. 3 through which they have offered to pay a small amount of Rs. _______/- instead of allotting constructed space to the Applicants.
13. That the Applicants are necessary and proper party to the present proceedings and has a direct and subsisting interest in the subject matter of the present proceedings. Further, legal rights and interests of the Applicants will be seriously prejudiced if the Applicants are not heard in the present matter.
14. That it is, therefore most respectfully prayed that this Hon'ble Court may be pleased to allow this Application for Intervention in Civil Appeal No. ____ of 20__ otherwise the Applicant will suffer irreparable loss and injury.
15. That the Application is made bonafide and in the interest of justice.
P R A Y E R
It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to:-
(a) Allow the Applicants to intervene in the Civil Appeal No. ____ of 20__; and/or
(b) pass such other and further order/orders as this Hon'ble Court may deem fit and proper on the facts and in the circumstances of the case.
AND FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.
ADVOCATE ON RECORD FOR THE APPLICANT
Information as per Supreme Court Practice and Procedure 2017 regarding Intervention
In case of application for intervention or impleadment, it should be clearly mentioned whether impleadment is sought as respondent or petitioner; or intervenor, as the case may be.
No impleadment or intervention application shall be entertained in a disposed
of main case, unless otherwise ordered by the Court.
In case where intervention is allowed by the Court, the intervenor(s) shall be entitled to receive documents produced and relied upon by the petitioner(s), unless otherwise directed by the Court, and no application shall be received or entertained, unless service thereof is effected on the intervenor(s).
3. Writ Petitions
4. Review Petitions
6. Contempt Petition
7. Applications to Supreme Court