• Need help with illegal construction

Below resident are trying to build a shade. We already have taken a stay order from court. Is it legal that they are building this shade on the same property?
Asked 6 months ago in Property Law from Ahmedabad, Gujarat
Religion: Christian
The stay order passed by the court has to be obeyed. If the have not applied brakes on the construction even after the court order then move an application for contempt of court in the trial court to seek compliance of the order through police.
Ashish Davessar
Advocate, Jaipur
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1)kindly reproduce wordings of the stay order passed by court 

2)if stay has been granted restraining further construction building of shade would be contempt of court order 
Ajay Sethi
Advocate, Mumbai
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Below resident are trying to build a shade. We already have taken a stay order from court. Is it legal that they are building this shade on the same property?

If you have already obtained a restrain injunction order agaisnt the neighbor residing in the house/flat/apartment below yours and the same was properly communicated to them, but if they still indulge in constructing the said structure or additional fitting despite being aware of the injunction order, then this violation can be considered as contempt of court, you may file a contempt of court petition against the said neighbor.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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We have filed for stay order on 23rd this month. But the construction was not initiated at that time. Hence the judge gave another hearing date on 29th. But today we see that few construction materials have arrived at our place and it seems he will have them constructed today. So what should i do in this case? Should I allow him to construct or should I dial 100 and present my case?


Your misleading information will fetch you misleading opinion or guidance due to which you will get misguided and land in trouble.
In your previous question you have mentioned that you have taken stay order where as now you say that the court has not decided on your application seeking injunction.
If there is no restriction or injunction order here is no legal infirmity in the neighbor proceeding with his proposed construction.  The police cannot interfere in the civil matter.  
You take the photograph of the present condition and also while the construction is going on in order to put pressure before court on the next date of hearing by producing the photographs and insist on the pending injunction application. 
T Kalaiselvan
Advocate, Vellore
14148 Answers
127 Consultations
5.0 on 5.0
1) take photographs of construction material that has arrived on site

2) if any construction carried out take photographs 

3) on next date of hearing draw attention of court to illegal construction being done in violation of court orders
Ajay Sethi
Advocate, Mumbai
23346 Answers
1221 Consultations
5.0 on 5.0
There is a difference between applying for and obtaining stay order. It is only in the latter case that the defendant is bound to stop the construction. Dialing 100 is not the remedy, your only remedy is before the civil court. Apply to the court to prepone the hearing.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0

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