• Illegal construction while final verdict is still pending

*Registered a piece of land and paid rent after due Mutations. * By frauds Bank / DRT auctioned and a party took it and got muted. * Land owners ( myself and others) appealed in DRT PATNA for quashing. * Court issued STATUS QUO but rejected my appeal. * Again appealed in DRAT, ALLAHABAD for quashing. * Court issued STATUS QUO order immediately and finally DRT PATNA has been ordered to review the case. * Presently the same Case is under way at DRT PATNA. * But either the person who took the land after Auction or some others(seems the person who took land in auction sold the land to these persons ) are doing the Boring( tubewell), construction of brick works etc. and claiming their land after purchase. recently we also registered a police complaint against this act *WHAT SUITABLE ACTION IS REQUIRED AT THIS STAGE FROM MY LEVEL TO AVOID ANY FUTURE COMPLICATIONS.
Asked 3 years ago in Property Law
Religion: Hindu

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6 Answers

Take out contempt of court proceedings against party for carrying on construction on land in contravention of court orders for maintenance of status quo 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

Your remedy is in DRT Patna. Approach with adding the party interfering in possession with proof of photographs. Obtain injunction and direction to local police for protection.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

If the DRAT status quo order is subsisting and the matter is remanded to the DRT for a review with the said status quo, then if the auction purchaser or his transferee are doing any construction work then you immediately need to apply to the DRT for a stay and also file a contempt petition in High court for violation of status quo order by auction purchaser 

Yusuf Rampurawala
Advocate, Mumbai
7483 Answers
79 Consultations

5.0 on 5.0

Dear sir/ma'am,

 

As it can be seen that the construction work and tube well fixation are clearly an act which is seen as contempt of court in law and you can file a case in this regard. Besides you can also approach the DRAT where the case is still under review to get stay orders. Thank you.

 

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

- Since , the court has already passed STATUS QUO order , then none parties having right to interfere or doling any construction etc in the suit property legally. 

- You should firstly lodge a compliant with the local police after attaching the said order of the court. 

- If no response, then file a Contempt petition before the same court , who has passed this order. 

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

If the subsequent purchasers have not been impleaded as necessary parties to the case before DRT, then the court order 'status quo' may not be binding on them.

However if the property was sold by the purchaser subsequent to his purchase from bank especially when the status quo order was ion vogue then you  can file a contempt of court petition against the purchaser. 

Besides you may file a petition to implead the subsequent purchaser as necessary party to the case and seek an order of injunction against him also on this aspect. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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