2nd appeal for stay / status quo
Querist :
Anonymous
(Querist) 10 August 2011
This query is : Resolved
Sir,
A person has construcred an unauthorized and illegal structure in a duplex flat whcih is not covered in their sale deed.
The Municipal Corporation issued a notice to them to stop the unauthorized construction but the person did not heed to the notice and completed the constuction.
That person applied for regularizastion which was rejected by the Corporation.
Meanwhile the said person has approached the VIth Juniour Civil Judge, City Civil Courts and obtained a STAY ORDER.
The Standing Counsel of the Corporation got the Stay Order vacated.
Then the said person approached the IIIrd Addl. Chief Judge, City Civil Courts against the Expunged order of the VIth Junior Civil Judge and obtained a STATUS QUO.
Again the Standing Counsel argued and got the Status Quo vacated.
There is a Writ Petition and a Contempt Case pending in the Honurable High Court, which was filed by some of the flat owneres against the said person for constructing an unauthorized and illegal structure by encroaching into the Common Area of the flat.
The Hon'ble High Court issued a Stay of Construction and asked the Respondent Corporation to enforce it.
The party did not heed to it and even when it was informed to the Corporation they did not take any action.
So, the inmates filed a contempt case against the person and the respondent corporation.
The Respondent Corporation in their counter afffadavit gave it in writting that as the regularizastion has been rejected the said encroachment would be DEMOLISHED IMMEDIEATLEY.
After that only the person has approached the VIth Junior Civil Judge by hiding the fact in thier Original Suit that there is a case pending int he High Court and there is also a contempt case.
Now as theier I.A and C.M.A has been dissmissed the Corporation has issued the person a notice for demolition within 24 hours.
Can the person again go for an appeal against the Orders of the IIIrd Addl. Chief Judge, in the High Court and again obtain a STAY OR STATUS QUO?
ajay sethi
(Expert) 10 August 2011
better demolish illegal construction and have peace of mind . the fact that sty have been vacated earlier , contempt proceedings intiated aginst you will go against you . court may not grant any stay
M/s. Y-not legal services
(Expert) 11 August 2011
