Supreme Court of India

Friends Colony Development Committee v. State of Orissa and Ors.

Neutral citation

Reported as [2004] SUPP. 5 S.C.R. 818

Bench R.C. Lahoti and Ashok Bhan JJ.

Decided 1 November 2004

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

5 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that the controversy should not have been brought to an end by the D High Court merely by directing reconsideration of the application of revised building plans submitted by the respondent builder.

Judgment, page 13

From the headnote

Urban Development: Unauthorised construction-Order for demolition of-Plea for regularization by compounding-Held: Deviations from sanctioned plan permissible only as exception-Condonation and compounding of the deviations is permissible only when it is bona fide or are attributable to some misunderstanding and where the benefit gained by the demolition would be far less than the disadvantage suffered-Deliberate deviations not compoundable-Deviations by professional builders can be assumed to be deliberate-Compounding of deviations made by the builders should be dealt with at a higher level by

Authorities it was built on

1990 Smt. Shakuntala Mehrishi v. New Delhi Municipal Commiitee and Ors. cited by 4

Where later benches applied it

2021 Supertech Limited v. Emerald Court Owner Resident Welfare Association & Ors. relied on
2012 Dipak Kumar Mukherjee v. Kolkata Municipal Corporation and Others relied on
2022 Rajhan Narendra Rout and Others v. The State of Maharashtra, through Secretary, Urban Development Department and Others referred to
2013 Esha Ekta Apartments Co-operative Housing Society Limited and Others v. Municipal Corporation of Mumbai and Others referred to
2011 Md. Murtaza & Ors. v. State of Assam & Ors. referred to

Of those, 2 relied on · 3 referred to

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