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Dismissal of stay order on residential construction
15-Feb-2023 (In Property Law)
Hi , We are constructing our home in Ludhiana. Our neighbor has filed a case and got stay order on construction based on false allegations mentioned below. 1) we have encroached the public land .Totally false will prove wrong after municipal corporation inspection. 2) we have a fight with the neighbor that never happened. There is no FIR related to that. 3) we have destructed an electric pole which doesn't exist at all. We have hearing in court on 17th this month for the dismissal of stay order. Can you please advise what options do we have in case the stay order remains ? Appreciate any help !!! Thanks
Dear Sir/Madam, in your case you have to enter the said case by engaging counsel your side and your counsel has to file Objection against the stay order on the construction of your property.
Helpful?
18+
18+
Adv. Siddhant Sharma
Delhi | 500+ Answers
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That the court has granted the stay order and now it is fixed for 17. The fact is court has admitted the case on the grounds you have mentioned above. It is civil case. For the fight issue application to police is enough in your case you have not mention any such info soo we will take it as your neighbours have not file any application against you.
For the encroachment of land: have you got the site plan or naksha passed from municipal corporation. If yes you can evidence it. If not it would be little difficult for you to bear the cost.
For electric pole you can check out the record of municipal corporation file an rti.
When you get all your documents ready your advocate will file written statment denying all the facts in question.
Stay order will be cancelled wih cost.
For the encroachment of land: have you got the site plan or naksha passed from municipal corporation. If yes you can evidence it. If not it would be little difficult for you to bear the cost.
For electric pole you can check out the record of municipal corporation file an rti.
When you get all your documents ready your advocate will file written statment denying all the facts in question.
Stay order will be cancelled wih cost.
Helpful?
15+
15+
Adv. Shivam Sood
Ludhiana | 200+ Answers
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