• Neighbours bought stay order over house renovation

Hello,

We are renovating our old house in Goa where we currently residing. We made a mistake by starting the construction before taking any permission from Municipality. Neighbours who are jealous of us, filed a complaint to municipality about the same. Municipality have sent a stay order and asked to stop the construction. Complaints was about dust, disturbance and other petty issues. Construction is currently being halted.

We immediately applied for the Permission at the Municipality by submitting the required documents with renovation plan. Since Goa is currently having Elections, all the Govt. work is stalled. CO has given a date in March when both the parties can discuss along with him and come up with a solution.
Neighbours are adamant and threatening us to take this matter to court. 
Till then the whole house is wide open and my Parents (both senior citizen), my kid (5yrs), my wife and me are staying there. Its dangerous at nite as the house is wide open and we still have to stay in this condition because of the stay order.

Can actually a stay order be called for such petty issues ?
How do we expedite this Process ?
How soon the stay order can be revoked ?
What about the mental harassment that my Parents are going through ?

~ Gk
Asked 7 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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5 Answers

you need permission from muncipal corporation for carrying out structural alterations

2) only after permission is granted can you start construction work

3) you will have to file suit in court to vacate stay order granted by muncipal corporation

4) however going to court would not be feasible proposition at this stage as court may not vacate stay as construction work was carried out without getting plans sanctioned

Ajay Sethi
Advocate, Mumbai
95222 Answers
7612 Consultations

5.0 on 5.0

File a writ petition in high court challenging the stay order.

The court would surely allow to start working renovations once again.

Without court orders you have no option now.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

1) may take more than a month as court would grant opportunity to defendants to file their reply before vacating say order

Ajay Sethi
Advocate, Mumbai
95222 Answers
7612 Consultations

5.0 on 5.0

If the corporation has ordered a stay then it can be challenged in the High Court/City Civil Court which can quash it. If the stay order has been passed in an arbitrary manner without affording you an opportunity of showing cause against it then it may not be sustained.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Th writ petitions takes around 2-4 months time. But if the stay order is revoked then there is no problem over the delay on hearing of the case.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

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