Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Construction Up to Roof Level Not Violation of Status Quo
Status Quo Preservation: Courts generally order the maintenance of the existing state of construction as on the date of the injunction or status quo order, even if the construction has progressed beyond initial stages (e.g., up to roof level). This is to prevent unilateral changes that could prejudice the judicial process or infringe on legal rights Maya Shrivastava VS Arvind Kumar - Patna, Pritha Nandy VS State of West Bengal - Calcutta, UDAYANATH ROUT vs JUGAL ROUT - Orissa, ASHOK KUMAR PANDA vs RAMA CH PANDA - Orissa, SUNITA BAGAI vs SUBHENDRA KUMAR BEHERA - Orissa.
Construction Prior to Injunction: If construction commenced before the filing of the suit or the court's order of status quo, courts have recognized that such construction does not necessarily constitute a violation, especially if the order was to maintain the existing state, not to halt all progress made prior to the order Maya Shrivastava VS Arvind Kumar - Patna, UDAYANATH ROUT vs JUGAL ROUT - Orissa.
Progress Up to Roof Level: Several judgments clarify that construction up to roof level or plinth level, undertaken before the status quo was ordered, is not deemed a violation. Courts have sometimes permitted the completion of such construction, emphasizing that the order aims to prevent further unauthorized or additional construction beyond the existing state at the time of the order UDAYANATH ROUT vs JUGAL ROUT - Orissa, SUNITA BAGAI vs SUBHENDRA KUMAR BEHERA - Orissa, ASHOK KUMAR PANDA vs RAMA CH PANDA - Orissa.
Violation of Status Quo: Proceeding with construction beyond the level at which status quo was ordered (e.g., raising additional floors or roof structures after the order) is considered a violation. Courts have directed demolition or stopping of such unauthorized work Meena Kumari VS State of A. P. - Andhra Pradesh, SH MUKESH KUMAR vs MUNICIPAL CORPORATION OF DELHI & ORS. - Delhi, K.HEMALATHA vs K.V.R.R. RAJU - Andhra Pradesh.
Legal Implications: Courts emphasize that maintaining the status quo involves not just halting new construction but also respecting the construction already undertaken up to the specified level at the time of the order. Any deviation or continuation beyond that point may be subject to legal action, including demolition Maya Shrivastava VS Arvind Kumar - Patna, SUNITA BAGAI vs SUBHENDRA KUMAR BEHERA - Orissa.
Analysis and Conclusion
Courts acknowledge that construction undertaken before a status quo order was issued, especially up to roof or plinth level, generally does not violate the order. The primary concern is with any additional or ongoing construction beyond the specified level, which is deemed a breach of the status quo and warrants corrective measures. Therefore, construction up to roof level prior to the issuance of the order is permissible, but further construction beyond that point constitutes violation and may lead to demolition or legal consequences.
References:- Maya Shrivastava VS Arvind Kumar - 2024 0 Supreme(Pat) 178- Pritha Nandy VS State of West Bengal - Calcutta- UDAYANATH ROUT vs JUGAL ROUT - Orissa_HC_ODHC010647482023- UDAYANATH ROUT vs JUGAL ROUT - Orissa_HC_ODHC010197572019- UDAYANATH ROUT vs JUGAL ROUT - Orissa_HC_ODHC010584732022- Meena Kumari VS State of A. P. - Andhra Pradesh- SH MUKESH KUMAR vs MUNICIPAL CORPORATION OF DELHI & ORS. - Delhi- K.HEMALATHA vs K.V.R.R. RAJU - Andhra Pradesh
In property disputes, courts often issue status quo orders to freeze the current state of affairs and prevent any party from altering the property unilaterally. But what happens when one party has already started construction up to the roof level? Does this automatically breach the order? The legal question at hand—Construction Upto Roof Level Not Violation of Status Quo—highlights a nuanced area of law where interpretation matters greatly.
This blog post delves into judicial interpretations, key cases, and practical insights to help you understand when such construction may or may not violate a status quo directive. Note: This is general information based on precedents and not specific legal advice. Consult a qualified lawyer for your situation.
A status quo order aims to preserve the position of the property as it existed at the time the order was passed. Courts emphasize that these orders relate to the position as it existed at the time of the order and do not automatically prohibit all modifications. Unless explicitly directed against specific actions, internal or ongoing construction within existing boundaries may not constitute a violation. [
#StatusQuoLaw, #ConstructionDispute, #PropertyLaw
If on enquiry it is found that construction was made after filing of injunction application then the court is obliged to restore status quo as on the date of injunction notwithstanding that there was no status quo order by the court because if that is not done then the judicial process would be made ... It is also clear from the rejoinder filed by the respondents that they have already m....
Trial Court to maintain status quo in respect of nature, character and possession of the suit premises the Respondents No. 5 and 6 herein have gone ahead with construction work in the said building in collusion and in connivance with the engineers of the building department and have obtained a notice ... In the said writ petition the Hon’ble Single Judge was pleased to pass an order directing the Officer-in-Charge, Shyampukur Police Station....
Monika Solanki has not maintained the status-quo, but proceeded with the construction of one more additional floor over Stilt+G+2 floors building. ... Thus, it is clearly established that the 3rd floor construction and water tank was raised unauthorisedly and in clear violation and disobedience of the interim order passed by this Court directing "to maintain status #HL_....
roof level. ... Mishra, learned counsel for the Petitioner submits that although the Opposite Party had made construction upto the plinth level by the time of order of status-quo was made, but at present it is made up to ... Although, arrangement was being made to cast of the roof, but due to the order of status-qu....
level is a myth. ... As such, the order of status quo should not be modified, as prayed for. ... level and he may be permitted to complete the construction of the house. ... quo over the suit land. ... quo and to permit him to complete the construction of the house.
of the house is already made up to roof level. ... It only suggests that at some portions up to roof level as reported by the Commissioner. ... level.
by the Municipal Standing Counsel over phone and, thereafter, issued instructions to the Engineers concerned to stop the work, namely, (1) construction of compound wall, which was already constructed upto certain length and height; and (2) construction of Anna Canteen. ... 4) The grievance of the Petitioner, in the present Contempt Case, is that, in spite of the order of status-quo, the Respondents proce....
Demolition action was taken at RCC projections at Ground Floor roof level with the help of JCB machine. ... After controlling the situation by the police force demolition action taken manually at projection of 4th floor roof level. ... The Hon’ble ATMCD vide order dated 21.08.2024 has directed as under: “To maintain status quo with respect to the demolition of the property and ....
The vendee has further agreed that whenever he would make construction over the open land the height of the roof shall not exceed 11 feet from the ground level of the market complex and that the roof of the construction to be made over the open land shall be at the level of roof of the existing built ... The vendee has also agreed that whenever he woul....
up to roof level and further looking to the relief sought for and dispute involving the suit, finds, the construction has already been quo in respect of the disputed suit land except the roof undertaken up to a level and for the objection of the plaintiff the lower p style="position:absolute;white-space:pre;margin:0;padding
The petitioners commenced construction of boundary walls, stores, office etc. after filling up the low lying land at huge cost. It is the case of petitioners that this was done without issuance of any show cause notice for cancellation of the lease. Some of the petitioners even completed construction upto roof level. On 3/08/2000 the police of Jandiala Guru police station, at the behest of political rivals of the petitioners, came and demolished part of boundary wall of plot ....
The height of the building shall not exceed 30 from ground level upto roof top.
Since no petition for violation of Courts order has been filed, it is not necessary for me to decide as to whether the construction upto roof level has been made in violation of the order of this Court. In this background, it cannot be said that balance of convenience is in favour of the plaintiffs. However, the fact remains that construction upto roof level has already been made. Rules 1 and 2. C.P.C. was being considered by the trial court. The learned cou....
He also reported that some stone lintels over the openings of doors and windows on walls have cracked. ( 6 ) THE report of the qualified Engineer is categorical that the building was not in a fallen down condition but in demolished condition and some of the material such as wooden doors and windows and rubble stones that came out from demolition were found heaped on the open space. He also reported that the building was demolished upto roof level and in some places upto lintel level.....
After demolition of the already existing structure the defendants have started raising new construction on the same. Construction has been raised upto the roof level as on the date of filing of the suit. Therefore, prima facie it cannot be said that plot mark e was a vacant piece of land.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
