Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Lease: Allotment of plot to the appellant no. 1 and also to appellant no. 1 by BOA - Lease-cum-sale agreement entered by both the appellants with BOA - Application by appellants for amalgamation rejected - Appellants then sought sanction of construction of ground/stilt floor and two upper floors and started construction which was granted - Writ petition filed by public interest litigant based on a news report alleging illegal construction by appellants and praying for resumption of plot by autho |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Lease: Allotment of plot to the appellant no.1 and also to appellant no.1 by BDA — Lease-cum-sale agreement entered by both the appellants with BDA — Application by appellants for amalgamation, rejected — Appellants then sought sanction of construction of ground/stilt floor and two upper floors and started construction which was granted — Writ petition filed by public interest litigant, based on a news report alleging illegal construction by appellants and praying for resumption of plot by authorities — Notices issued by High Court — Meanwhile, appellants applied for modification of sanctioned building plan, which was granted — High Court held that the two plots were amalgamated despite refusal to grant permission to do so by the BDA and also that the homogenous structure had come up on the amalgamated plot and thus there was violation of lease-cum-sale agreement — High Court quashed the orders sanctioning the building construction plans in favour of the appellants and -directed the BDA fo take action against them in terms of condition no.4 of the lease-cum-sale agreement — On appeal, Held: There has been no violation of the lease-cum-sale agreement or sanction plan for construction — Corrective measures can always be made by the owner of a building. until an occupancy certificate or a completion certificate is granted ~ As long as the building conforms tc the terms of the lease-cum-sale agreement and the building regulations and bye-laws, no objection can be taken to the construction The mere existence of some deviations in the buildings does not lead to any definite conclusion that there is either a breach or a violation of condition of the lease-cum-sale agreement or the building plan. Public interest litigation: Scope of — Held: In issues pertaining to good governance, the courts ought to be somewhat more liberal in entertaining public interest litigation. Administrative law: Exercise of discretion by statutory authority ~ Judicial review — Scope of, discussed. |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2015 INSC 870 |
Petitioner | D. N. Jeevaraj |
Respondent | Chief Secretary, Govt. Of Karnataka & Ors. |
SCR | [2015] 12 S.C.R. 115 |
Judgement Date | 2015-11-27 |
Case Number | 13785 |
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