Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 4088 OF 2008
INDORE MUNICIPAL CORPN & ANR. Appellant(s)
VERSUS
HARISH TOLANI Respondent(s)
J U D G M E N T
KURIAN, J.
1. All that the High Court has done in the impugned
Judgment is to remove the observations made by the
learned Single Judge that the Commissioner or the
Municipal Corporation does not have the power to
compound any illegal construction.
2. The Division Bench of the High Court has further
JUDGMENT
clarified that in the joint inspection, if any
illegal construction is noticed, the Commissioner
should first consider whether the unauthorised
construction can be compounded before ordering for
demolition of the said construction.
3. The learned counsel appearing for the Corporation
submits that even going by the direction of the
Division Bench of the High Court, the compounding
cannot be permitted under law beyond a certain
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percentage of the alleged unauthorised contruction.
4. These are all matters to be verified on a joint
inspection to be conducted by the Commissioner with
the present owner of the building and it is for the
Commissioner to take appropriate action under law
thereafter.
5. Thus, we see no merit in the appeal; it is,
accordingly, dismissed, subject to the above
observations.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ ROHINTON FALI NARIMAN ]
New Delhi;
February 24, 2016.
JUDGMENT
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