Take out contempt of court proceedings against HUDA and owner in HC
2) he will not get occupation certificate from HUDA if construction dove contrary to court orders of maintenance of status quo
Status Quo Order - Effect of
The court issued a status quo order qua alienation of suit property 15 months ago. Since then the owner has attempted to sell it. He has also managed to demolish the original building (originally HUDA only allowed 25 percent to be built on) and has managed to get building permission from HUDA for construction of the entire plot. The CA and Estate officer are parties to the suit and currently exparte. I have tried many times to place the court order on HUDA file but someone in HUDA stops this from happening. Now finally, I have managed to get the application and Satus Quo order on the HUDA file. Please can you tell me what benefits I should now have? The construction is almost complete. Will the owner have problems when he now applies for the for various certificates/paperwork or tries to sell again?
Asked 2 years ago in Property Law
Religion: Hindu
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11 Answers
It is imperative to obtain the status quo order on the HUDA file, since this could have a substantial impact on the property dispute. The Code of Civil Procedure (CPC), in particular, gives the court the authority to make orders that are required to further the goals of justice (Section 94). Any attempts by the owner to sell or begin development in defiance of the court order could result in legal ramifications due to the status quo order on the HUDA file. The order that is currently on file supports your position and could result in the permits that were issued in violation of the initial order being rejected. Furthermore, the Specific Relief Act, which aims to stop actions that disobey court orders, may address the demolition and reconstruction without permission.
Hope this helps you.
If a court orders maintain the status quo on the property it means that two components of the property that comes under the purview of status quo one is the possession and other is the title. When status quo is ordered when a suit is instituted then the person who is holding the possession and title shall retain such possession and title until the suit is disposed of. Basically status quo is ordered to prevent the third party interests in the property that is with respect to leasing, selling, mortgaging, gifting, willing or any acts which is done to transfer the interest in the property under the Transfer of property act.
Therefore it would be better to maintain the same status till the status quo order is vacated to avoid for being booked for contempt of court
The actual words of the order are: 'the appearing parties are hearby directed to maintain the status quo qua alienation of the suit property'. He has demolished the original house, received permission from HUDA to construct a larger property, and he has almost completed the construction of this new house. Is he or HUDA (HUDA is party to the suit) in contempt of the above order in relation to any of these acts? If so, could you please explain why and what I should now do?
Asked 2 years ago
It will be in same state what it was before status quo. Nothing can be added and nothing can be changed
If they have disobeyed the status quo order and proceeded with the construction then they can be termed as committed an act of contempt of court order.
In that situation you can file a contempt of court proceedings against them
The court order only restrains sale of property
it does not de bar the owner from demolishing and carrying out construction of new house
Dear client,
The court order you mentioned, directing the parties to maintain the status quo regarding the alienation of the suit property, typically means that none of the involved parties should alter the state of the property or its ownership while the case is ongoing. Violation of this order could constitute contempt of court.
Regarding the benefits of having the application and Status Quo order on the HUDA file:
Having the court order on the HUDA file means that any further actions or permissions sought regarding the property should be considered in light of the court's directive to maintain the status quo. This could potentially prevent the issuance of further permits or certificates until the legal case is resolved.
Regarding the owner's actions:
Demolishing the original building might be seen as a violation of the court order to maintain the status quo if the order specifically mentioned preserving the property in its existing state. However, this might also depend on the exact wording of the court order and its interpretation by the court. If the court order prohibited any alteration to the property, obtaining permission from HUDA to construct a larger property might also be seen as a violation of the court order. The completion of the new house might pose a challenge in terms of enforcing the court order. However, having the court order on the HUDA file could prevent the owner from obtaining necessary certificates or paperwork related to the new construction until the legal matter is resolved.
Regarding Contempt of Court:
Whether the owner or HUDA is in contempt of the court order would depend on the specific language and scope of the court order and the actions taken. Violating a court order can be considered contempt, but it would ultimately be determined by the court. You may want to bring this to the attention of the court by filing a contempt petition if you believe that the owner's actions or HUDA's involvement are in violation of the court order. Consult with your legal counsel to understand the best course of action and the specific steps to take under Indian laws.
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File contempt in court
The order states: 'the appearing parties are hearby directed to maintain the status quo qua alienation of the suit property'. There is no reference to construction of the suit property. My advocate has said that the owner cannot sell, mortgage, lease etc but he can construct if he wants to as the word' alienation' does not stop construction, hence there is currently no contempt of court. The owner looks like he will be moving in to the suit property soon. The order is now on HUDA file. The construction will be finishing over the next few months. Will the owner be facing any difficulties when he is attempting to get his paperwork/certificates from HUDA?
Asked 2 years ago
Your advocate is correct
no contempt of court is committed by the owner
he will get OC
In law, the phrase "status quo" describes the current state of affairs. To prevent any of the parties to a dispute from acting while the matter is still being adjudicated, a judge may issue a status quo order.
Under Property Law, Status quo refers to upholding the status or condition of the thing/property in question. You cannot sell, sublet, lease, or do anything with the property if a property lawsuit has resulted in an order to maintain the status quo. The property must remain in the same condition as it did on the day the order was passed.
However as per The doctrine of Lis Pendence, envisioned under Section 52 of the Transfer of Property Act, will, however, automatically govern actions related to selling, buying, or transferring title in the property if a lawsuit is pending against it. Status quo does not bar any of the rights of the property holder; only the right to transfer the property gets put on hold while the matter is pending. The person who is currently enjoying the property would continue to do so, and if he encounters any interference with this right, he or she may sue the person who is causing dispute.
Dear client,
Based on the specific wording of the court order you provided, which instructs the parties to maintain the status quo "qua alienation of the suit property," it appears to primarily address the aspect of transferring or disposing of the property rather than construction per se. Your advocate's interpretation seems aligned with this wording, suggesting that the order restricts actions related to selling, mortgaging, or leasing the property but does not explicitly prohibit construction.
Regarding the owner's construction activities and their interaction with HUDA:
The owner's construction activities might not directly violate the court order, as long as they aren't attempting to alienate (sell, lease, mortgage, etc.) the property. Therefore, the completion of the construction itself might not cause immediate legal problems for the owner based on the court order.
Having the court order on the HUDA file means that any paperwork or certificates related to the property, particularly those that might involve the transfer or change of ownership rights, could face scrutiny or possible delay due to the existence of the court order. This could hinder the owner's attempts to finalize paperwork or certificates related to the property until the legal matter is resolved.
It's essential to monitor the situation closely, especially as the construction nears completion, to see if the owner attempts any actions that could be interpreted as an attempt to alienate the property. You can reach out to us for further assistance