Affected Parties can file Miscellaneous application in Supreme Court seeking direction for strict implementation of Court Judgment, when parties are deviating from the terms fixed by the court while disposing of the Petition or the parties are not implementing the order or the Responsible Parties implemented the Judgment in a different way without considering the direction of Supreme 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
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 Miscellaneous Application is preferred by 2 aggrieved members of the ___________ 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 2 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 taken 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. The applicants were residing in the housess in the society.
3. That while disposing of the Petition on _____ this Hon'ble Court observed
"...therefore, we see no reason why the society residents, who also happen to be the owners of the land, should also not be compensated for the price of the land."
4. That this Hon'ble Court had invoked Article 142 of the Constitution and issued directions / Orders for doing complete Justice. Copy of the Judgment dated _____ Passed by this Hon'ble Court in Civil Appeal No. ____of 20__ in ______Pvt. Ltd. Vs. State of _____ and Ors is annexed herewith and attached as Annexure A1.
5. That the amount offered by ____________ Private Limited is 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 in 20__. Copy of Relevant pages of Stamp Duty Ready Reckoner & Market Value of Properties in Mumbai 2019-20 showing Circle Rate prevailing in the area of the hutments owned by the Applicants is annexed herewith and Attached as Annexure A2.
6. That the Applicants are not consented to receive compensation amount of Rs. _________/-, instead of that the applicants are seeking space in the constructed site to compensate for the portion of land owned by them as per the Direction of This Hon'ble Court.
Brief Facts of the Case
7. That the land in question measuring _____ square meters is situated in _____ Mumbai owned by the applicants were taken over the Respondent No. 3 for construction of a residential complex with an offer of giving them constructed 2 BHK house or compensation of amount equal to market value of the house.
8. That the applicants are aggrieved by the letter dated _____ issued by the Respondent No. 3 through which they have offered to pay a small amount of Rs. _________/- instead of allotting residential flat to the Applicants.
9. 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.
10. That it is, therefore most respectfully prayed that this Hon'ble Court may be pleased to pass necessary direction favouring the Applicants in Civil Appeal No. ____ of 20__ otherwise the Applicant will suffer irreparable loss and injury.
11. 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 present Miscellaneous Application in the Civil Appeal No. ____ of 20__; and/or
(b) Direct the Respondent No. 2, to allot constructed house of 2 BHK to the Applicants to compensate their land ownership right as they are owners of the land;
(c) 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
Please attach, affidavit, index, vakalatnama and any other necessary document with the
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