NDLI: Cheriyath Jyothi Vs. Sainudeen and Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Unauthorised structure Kerala Panchayath Building Rules 2011 Demolition of
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Legal Services Authorities Act, 1987 (39 of 1987)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Kerala Panchayath Building Rules, 2011: Unauthorised structure – Demolition of – Sought by appellant and also alleging hazardous activities therein – Lok Adalat ordered for demolition – Appellant filed execution petition seeking execution of award of Lok Adalat – Execution court directed demolition of the structure – Respondent challenged the order contending that in compliance with the award of Lok Adalat the illegal structure was demolished and thereafter new structure was constructed after obtaining permission from competent authority – This fact was verified by the Gram Panchayath as well as by the report of Advocate Commissioner – High Court rejected the case of the appellant holding that award was not in the nature of permanent prohibition for putting up any new construction – On appeal, held: The finding of the Execution Court that the structure as it existed at the time of making of the award was still not demolished was in the teeth of the documentary evidence – The scope of the award was limited to removal of the structure as it existed at the relevant time – No direction was issued to forbear legitimate activities.
Judge	Hon'ble Mr. Justice A.M. Khanwilkar
Neutral Citation	2019 INSC 566
Petitioner	Cheriyath Jyothi
Respondent	Sainudeen And Anr.
SCR	[2019] 6 S.C.R. 803
Judgement Date	2019-04-24
Case Number	1424

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Cheriyath Jyothi Vs. Sainudeen and Anr.

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