Monday 30 August 2021

Whether court can decide question of unauthorized construction without perusing sanctioned plan?

  In absence of the sanctioned plan, we are of the view that the High Court was not justified in deciding the disputed question of fact as to whether the building was constructed in accordance with Town Planning Scheme. The High Court ought to have looked into the sanctioned plan to find out whether it was for office (Karyalaya) or for residential or for commercial purpose for coming to a definite conclusion. 

Supreme Court of India
Kripa Mangal Karyalaya & Ors vs Nagpur Municipal Corporation & ... on 12 February, 2015

Bench: Sudhansu Jyoti Mukhopadhaya, Prafulla C. Pant
Read full Judgment here: Click here
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