• Stay order for construction

Hi! I am a small scale builder in Bangalore. I am facing problems for my new residential project construction.A neighbor of this project is creating huge problem for construction.He has no connection with this property but still He is regulary complaining to police and corporation people and not allowing to complete the project. Everybody are demanding bribe to allow the construction.
Can I take a stay order from the court to continue my construction? Please suggest any solution.
Asked 6 years ago in Property Law
Religion: Hindu

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14 Answers

1) file suit and seek court orders restraining neighbour from interfering with construction on your property 

 

2) enclose copy of building sanctioned plans 

 

3) copy of building commencement certificate 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. This is a civil dispute and hence it can be remedied only by a civil court.

So in other words the police is not of much use.

In that event you will have to file a suit in the civil court of declaration and injunction whereby the person obstructing your constructions would be restrained by court by an order of injunction.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Dear Sir,

If you have documents then you can approach the Court by filing a simple suit of permanent injunction and get a stay against him and his supporters.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

See if the neighbour is unnecessarily creating trouble seek injunction against the neighbour by filing a suit in the civil court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Why don`t you file injunction suit. Court will grant stay.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1.  This is usual with all Builders (small or big) and some amounts for such nuisances and demands have to be kept aside, which are labeled as "nuisance fund".  It is virtually impossible to escape, despite you having all legitimate permissions.

2.  You have to suffer because your costs increases due to any action or litigation, which you cannot afford and your goodwill comes at stake in the market for the unwarranted & unseen delays.

OPTION (though not advisable): 

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, blackmail, threatening, breach of trust etc.... against the person, supported with all relevant supporting documents.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

 

 

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

As far as bribe is concerned make an Evidence for the same and make a formal Complaint before the Anti Corruption Bureau in Police.

As far as nuisance created by neighbour is concerned, you should file a written Complaint to the SSP Pune and demand action upon the nuisance making actions by the neighbour.

 

Deepankar Kataria
Advocate, Delhi
194 Answers

You have the right to construct the house and the neighbors does not have the right to object. If the neighbors still troubles for construction then firstly you shall try to resolve the issue on your own and if he still cause any hindrance in the construction then shall file an FIR against your neighbor or else you can approach an advocate and file a suit for injunction.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

if some authority has served you to stop your work then only you can go to court. let them do whatever they want to if you are legally right they will not able to do anything. you can go only in court only if any authority has passed orders to stay the construction

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Hello,

 Not a stay order but an injunction order from the court so that you may be allowed to continue with the construction peacefully and in an legal manner .

 

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You can lodge a civil suit for injunction against all the persons interfering in your possession and get an ad interim exparte injunction against the concerned persons including corporation. If police is interfering in this matter lodge a complaint with the IG or DCP of your jurisdiction since police has no right to interfere in civil matter.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

If your neighbor is unnecessarily interfering and causing hurdles to your construction or its progress, you may file a permanent injunction suit against him seeking to restrain him from indulging in such acts which causes you loss and hardships.

You may consult with your advocate and proceed.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have been harassed by the neighbour next to the project location.
  2. Yes, definitely, injunction suits are not made for the party, but for the builders also if the same has been misused at the hands of the other.
  3. You should file an injunction suit before the civil court of law by making party the municipal corporation also under section 80 of the CPC seeking answers from them to threaten you when you are right at your end.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Yes you can file a petition for permanent injunction in civil court for ordering your neighbor to stop interfering in the project.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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