• Stay Order by Court but Huda have granted building permission

The District Court has granted a stay order 'appearing parties are hereby directed to maintain the status quo qua alienation of the suit property till next date of hearing '. Despite this court order, Huda have granted building permission. 

My lawyer is saying that we will need to discuss this at the next hearing ( in the last week of January) but the building work may start next week ( the neighbour was told this today). 

Can the Builders be stopped. If so, what do I need to do? Can my lawyer approach the court immediately? What can be done to stop the owner?
Asked 3 years ago in Property Law
Religion: Hindu

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13 Answers

Is HUDA party to the suit kindly clarify 

 

permission is given only to build not to sell the suit properly 

 

if huda is not party amend the plaint to make HUDA a party to suit proceedings and seek stay order restraining carrying on any construction on property 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

HUDA is correct as order only stated property cannot be sold

 

there is no bar from carrying on construction 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

The permission granted by HUDA for construction cannot be considered as an act of alienation neither it is in violation of the status quo order.

Besides it is not known that whether the HUDA was a party to the suit wherein the reported stay order has been granted.

If the ongoing construction is in any way an act of violation of the court's stay order then you can file an emergent petition before the same court seeking for an advance hearing of the case along with the petition seeking relief towards the restriction order against the builder restraining him from further construction. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

The orders as per your content is against alienation and not for construction.

That way HUDA, though a party is right in its reply.

But this will  not prevent you from filing a fresh application against HUDA and the builder seeking an injunction against them restraining them from proceeding with their proposed construction or progressing the ongoing construction work, in order to avoid multiplicity of proceedings in this regard.  

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear client if there is a stay order then you cannot proceed with construction at any cost. More over if you want to continue with the construction you can approach the court and plead to withdraw the stay order

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

From the reading of the court order as stated by you, it appears that status quo has been ordered only in respect of alienation of the property, i.e., transfer by way of sale. It does not appear to prevent construction as such. Please discuss with your lawyer and ask for an injunction against construction.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

This is a weird situation! How can HUDA order the construction?? You should immediately file a contempt petition against HUDA and the opposite party.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

The court has ordered to maintain the status quo wrt alienation. There is no mention of construction.file an interlocutory application praying for interim relief.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes you can approach the cout and take injunction 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

When the  title of property is in dispute, construction of any structure will complicate the  situation, as if the  decree is granted in favor of land owner, the  issue of apportionment of costs of construction to be paid to the  opponent will arise. File an out of order application in Court seeking advancement of date and order against any construction on disputed land.  

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

- Since there is Status Quo order from the Court , then all the parties in that suit is restrained to do any type of construction or alternation or as prayed in the suit till the finalization of the case. 

- Hence, you can move a contempt application before the said court against the Huda for non-compliance of the passed order. 

- This application can be file even before the next date of hearing of the case. 

- However, if that order is only for alienation , then the Huda can carry the construction work as this is not restrained by the court. 

- You should check the order & your application of interim stay of the case, what you have asked in the prayer clause. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

You can approach the court by filing an urgent application as well as also serve a legal notice to HUDA stating that they'll doing contempt of court if they gave any permission in contravention to order of the court of maintaining status quo.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

HUDA is incorrect. 

Status quo means that the things would remain as it is. If any permission to start construction is given, it would amount to contempt of court.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

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