Supreme Court of India
Priyanka Estates International P. Ltd. & Ors. v. State of Assam & Ors.
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.
4 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the opinion that construction of the building beyond 5% floors was not only illegal, unauthorized and without any sanction or approval of plans but was also against the spirit of Appellate Order of SAC. Thus, except for directing the Respondent- authorities to demolish 6th, 7th and 8th floor, we are left with no alternative. c.
Judgment, page 24
From the headnote
Guwahati Metropolitan Development Authority Act, 1985 - ss. 24 and 25 - Construction of extra floors without sanction c - Authority concerned directing demolition of the extra floors - Writ petition - High Court directing demolition of extra floors - On appeal, held: construction of building beyond 5Yi floors was illegal, unauthorized and without any sanction or approval of plans - However, if half unsanctioned portion of 5th floor, is found to be compoundable, the same not to be demolished - Authorities at liberty to demolish 6th to 8th floors and half of the 5th floor if not cnmpounded
Authorities it was built on
Where later benches applied it
- 2021 Supertech Limited v. Emerald Court Owner Resident Welfare Association & Ors.
- 2015 Anirudh Kumar v. Municipal Corporation of Delhi & Ors.
- 2012 Dipak Kumar Mukherjee v. Kolkata Municipal Corporation and Others
- 2013 Esha Ekta Apartments Co-operative Housing Society Limited and Others v. Municipal Corporation of Mumbai and Others
Of those, 3 relied on · 1 referred to
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