DISMISAL OF STATUS QUO

Querist : Anonymous (Querist) 05 August 2011 This query is : Resolved
Sir,

Some flat owners of our apartment have approached the Honouraqble High Court of AP, to demolish an unauthorized construction being built by one of the flat owners in their duplex house by occupying the open balcony which infact is an common area.
The Municipal Corporation issued a notice to the party to stop the unauthorized work, but; the construction was not stopped and our petitions to the Corporation did not yeild any result we had to approach the High Court. The High Court ordered the stay of construction by the party and asked the Municipal Corporation to implement the order.
But the party continued the construction even after the order was wired to them and this was also brought to the notice of the concerned Corporation officials. But, the offical corporation did not take any steps to stop the construction.
Meanwhile, the party applied for regularizastion but it was rejected by the Corporation.
The party approached the VIth Junior Civi Judge, city civil courts and obtained a stay against the Corporation which was eventually expunged latter as they hid the fact that there is a case pending in the High Court.
Meanwhile we filed a Contempt Case against the Party and the official municipal corporation for not compiling witht the orders of the High Court.
When the Contempt Case came up for hearing the Learned Judge asked the Party and Zonal Commissioner and the Acp (tp) to come to the court.
The party in their affadavit told that they have compiled with the orders of the court. But, the Corporation in their couter affadavit said that as the Corporation has rejected the partys regularizastion proposals they would demolish the unauuthorized stucture immedieatley.
The party then moved the IIIrd Addl. Chief Judge and obtained a STATUS QUO against the Corporation by questioning the expunged order of the VIth Junior civil Judge.
After one year the CMA filed by the Party was dismissed by the IIIrd Addl. Chief Judge and the Status Quo was dismissed..

My question is their any other option for the party to approach any other court asking for relief and if so can they obtain another stay or status quo.
Can the Corporation demolish the unauthorized structure now as the staus qou has been dismissed.

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ajay sethi (Expert) 05 August 2011
yes corporation can demolish unauthorised construction as application for regularisation has beenrejected and order for miantenace of staus quo vcated .

M/s. Y-not legal services (Expert) 06 August 2011
Yes. Agree with experts..

prabhakar singh (Expert) 06 August 2011
I need nothing to add in the opinion expressed by Expert Ajay sethi.

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