Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Urban Development Demolition of unauthorised construction Payment of compensation to affected person |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Directions Issued |
Headnote | Urban Development - Demolition of unauthorized construction - Payment of compensation to affected person - Construction of the multi-storeyed building - Deviation from the sanctioned plan - In appeal, before this Court, issuance of direction to the State Development Authority to demolish the unauthorized construction of flats - Thereafter, flat owners whose flats were to be demolished filed writ petition challenging the order passed by this Court - Demolition order upheld and direction issued to respondent no.4 to deposit Rs.25 crores or furnish Bank Guarantee - Subsequent thereto disposal of writ petition directing payment @ Rs. 6, 0001- per sq. ft. of the carpet area to the persons affected on account of the demolition - Adjournment of the matter from time to time - Submission of the flat owners-petitioners that the so called mezzanine floor, which is actually the first floor of the building be completely sealed and not be counted as a floor - Held: Suggestion given by the Court Commissioner to make an illegal (Construction as a legal construction by compounding the same by paying compounding fee cannot be accepted - Illegal construction which is contrary to law cannot be allowed - Since long time has. lapsed, rate of Rs. 6, 0001- per sq. ft. enhanced to Rs. 70001- per sq. ft. - Compensation to be paid to the flat owners who would vacate the premises in their occupation - Direction to Municipal Corporation to demolish the unauthorized structures within the stipulated period and file a compliance report. |
Judge | N/A |
Neutral Citation | 2016 INSC 258 |
Petitioner | Babita Badasaria & Ors |
Respondent | Patna Municipal Corporation & Ors. |
SCR | [2016] 2 S.C.R. 886 |
Judgement Date | 2016-03-10 |
Case Number | 337 |
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