stay order

Querist : Anonymous (Querist) 21 November 2009 This query is : Resolved
what is a stay order ? how it obtained in case of stopping illegal construction? what after get it?

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G V S Jagannadha Rao (Expert) 21 November 2009
1. I guess you have already posted a thread in this forum. Please follow this link to get the answers of the experts:

http://www.lawyersclubindia.com/experts/experts_message_display.asp?group_id=49276

2. Stay order is an order which suspends the operation of a decree or judgement granted by a Court. The stay order is granted by the Appellate court but in some cases the court passing the order also will have power to stay the order till the Appellate court grants a regular stay in the appeal.

A stay is also granted by the Court as an interim measure to temporarily stop an event.

Another instance where stay is used is stay of proceedings on some technical ground.

Devajyoti Barman (Expert) 21 November 2009
If the illegal construction is carried out by a private individual in which property you have certain right then you can file a civil suit for declaration and injunction to restrain the individual and or his men and agents from carrying out the illegal construction any further.
Alternatively if you have already complained before the local Municipal Authority for its intervention if the illegal construction is in violation of local Building Rules then you can invoke Writ jurisdiction of the High Cort under Article 226 of the Constitution of India for granting writ of Mandamus because of the alleged inaction of the public authority.

niranjan (Expert) 21 November 2009
You have also to show the damages that you might suffer due to illegal construction.

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