Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1961 Municipal Laws: 1945-Bangalore Development Authority Act Karnataka Municipal Corporation Act 1976 - Karnataka Town and Country Planning Act 1976-City of Bangalore Improvement Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Municipal Laws: Karnataka Municipal Corporation Act, 1976-City of Bangalore Improvement Act, 1945-Bangalore Development Authority Act, 1976 - Karnataka Town and Country Planning Act, 1961-Multi-storeyed and multi-apartment buildings-Construction of-Licence issued by Respondent-Corporation to owners of sites for constructing multi-storeyed buildingBuilding at completion stage-Writ petition filed by Residents of locality seeking cancellation of licence for construction of multi-storeyed buildings and demolition thereof on the ground that they are causing strain on public amenities-High Court ordered demolition-On appeal, held, there is no illegality in granting permission for raising multi-storeyed building-The condition that only one dwelling house should be constructed is in the lease agreement but on execution of sale deed, lessee becomes absolute owner of the site and the prohibition comes to an end- Thereafter there is no restriction in any of the statutes and municipal laws as to construction of multi-storeyed building-Thus High Court not justified in cancelling the licence. Constitution of India, 1950-Article 226: Public Interest Litigation-Invocation of writ jurisdiction-Held to be invoked only sparingly in very rare cases involving public interest-Meant for downtrodden and not for publicity or private ends-Courts not to issue directions without understanding the implication. Public Interest Litigation-Delay/Laches in filing-Effect of-Heid, courts not to come to rescue of person who is not vigilant of his rights-Delay is also fatal when third party interest is created. In the city of Bangalore, Karnataka, construction of new buildings are regulated by various statutes and municipal laws. Appellants, builders-owners of sites submitted plan for construction of multi-storeyed apartments. Authorities granted licences to build the same. Thereafter construction commenced. Substantial portion of building had been constructed when Corporation issued letter to the builders to stop construction in view of decision in Pee Kay Construction case*. Construction remained suspended for some time. On various representations of appellants, Corporation permitted them to resume construction. Some house owners and residents of the locality filed Public Interest Petition challenging the validity of licence to build higher floors and seeking direction to demolish the building already constructed on the ground that menace of multi-storeyed and multi-apartments was increasing resulting in strain on the public amenities. Single Judge held licences to be illegal but dismissed the petition for delay and laches. Division Bench disagreed and directed demolition. Aggrieved against this order, Builders and bona fide purchasers of flats in the building came up in appeal contending that there was no illegality in the licences granted by the Corporation and that the Public Interest petition cannot be entertained at this belated stag |
Judge | Hon'ble Mr. Justice A.K. Mathur |
Neutral Citation | 2005 INSC 42 |
Petitioner | R & M Trust |
Respondent | Koramangala Residents Vigilance Group And Ors. |
SCR | [2005] 1 S.C.R. 582 |
Judgement Date | 2005-01-19 |
Case Number | 1415 |
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