STATUS QUO
Querist :
Anonymous
(Querist) 22 March 2011
This query is : Resolved
Sir,
If an staus quo is given by a magistrate is there any time limit for the status quo or is it untill the status quo is vacated?
G. ARAVINTHAN
(Expert) 22 March 2011
Usually status Quo is ordered for limited period. otherwise it is deemed to think as Until further orders
Querist :
Anonymous
(Querist) 22 March 2011
Sir,
An status quo was given by the 3rd addl. chief judge,city civil courts,hyd,a.p on 8th july 2010 against the rejection of regularizastion by the hyderabad muncipal corporation of an unauthorized construction.
the corpaoration already got a stay vacated on the same in the 6th juniour civil judges court.
The case is being postponed when ever it comes up for hearing.
I am an affected party due to the unauthorized construction.
There is a contempt case already pending in the high court against the corporation and the party who made the unauthorized construction.
please advice
Devajyoti Barman
(Expert) 22 March 2011
The information is too scanty to offer any advice.
Guest
(Expert) 23 March 2011
consult your lawyer on this aspects because he is dealing with the matter and i cannot go deep without clear cut facts and details of process in three stages and three courts
Querist :
Anonymous
(Querist) 23 March 2011
sir,
The facts of the case are that we are residing in a flat and are one of the owners. One Mrs & Mr.V.S.Rao who are co-owners of an flat who are having a duplex apartment wanted to extend their duplex house by extending into the common area and they approached the association of flat owners on 31st january 2010 asking for their permission.
After several delibrations some of the owners objected to it. But they started constructing the illegal and unauthroised structure on 5th Feb 2010. We approached the Ghmc and complained to them about the illegal construction.
The Ghmc issued a notice U/s.452 of HMC act on 9th Feb 2010 to stop further construction. They did not heed to the notice and we gave further complaints to the Ghmc but no further action was taken, as they are close to one of the ministers and the minister has asked the Ghmc not to intervene. The minister also came to our flats and tried to influence some of the owners.
So, some of us approached the Hon'ble High Court of Andhra Pradesh and asked the court to intervene and stop further construction and demolish the constructed portion. The Hon'ble High Court on 5th March issued a stay to stop further construction and asked the official rspondents the GHMC to see to that no further construction is made pending disposal of the writ petition. An wire order was also given to them on the same day.
But, Mrs & Mr.V.S.Rao ignored the order and continued the work and our representations to the Ghmc that there is a violation of the court orders was not attended to.
So, we filed a contempt case against Mrs & Mr.V.S.Rao and the Ghmc.
Meanwhile, Mrs & Mr.V.S.Rao applied for regularisation of the illegaly constructed structure under U/s 455/A of HMC act 1955.
But the Ghmc rejected the proposal as it does no satisfy the rules in force and it intimated it to them on 21st May 2010. As Mrs & Mr.V.S.Rao did not comply to removing the illegal structure the Ghmc issued a notice U/S 636 of HMC act 1955 to them on 1st June 2010.
Mrs & Mr.V.S.Rao then approached the 6th Hon'ble Junior civil judge,city civil courts against the GHMC and obtained a stay order against the demolition. The standing counsel of the Ghmc got it vacated on 2nd July 2010 after submitting the relevant matterial papers.
On 5th July 2010 when the contempt case came for hearing before the Hon'ble High Court of Andhra Pradesh, The Ghmc represented by the Asst. City Planner in their counter affadavit submitted that as the regularizastion was rejected they would immediatley get the unauthroised construction demolished.
In the first week of July 2010, Mrs & Mr.V.S.Rao approached the IIIrd Addl. Chief judge, city civil courts seeking a status Quo against the orders of the VIth Junior civil judge who has vacated the stay in favour of the Ghmc. The IIIrd Addl. chief judge issued the staus Quo.
The status quo is still continuing as on date. Everytime it comes for hearing the case is getting posted for another date for reasons best known to the judge.
When we ask our lawyers whom we have engaged to file a mention in the High Court to move a motion they say that as Hon'ble Judge of the High Court is now sitting in a division bench and is sitting single only once in a week the motion cannot be moved now not.
Please advice.
