Supreme Court of India

Kripa Mangal Karyalaya & Ors. v. Nagpur Municipal Corporation & Ors.

Neutral citation
Reported as [2015] 1 S.C.R. 1082
Bench Sudhansu Jyoti Mukhopadhaya and Prafulla C. Pant JJ.
Decided 12 February 2015

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.

What the Court ordered

We are of the view that the High Court was not justified in deciding the disputed question of fact as to whether the building was constructed in accordance with Town Planning Scheme.

Judgment, page 13

From the headnote

Public Interest Litigation - Maintainability of - PIL before High Court seeking direction to Nagpur Municipal corporation (NMC) and Nagpur Improvement Trust (NIT) to remove structures on the land owned by respondent-Trust leased out to the appellant being contrary to building regulation and the development plan under Town Planning Act - High Court allowing the petition directed demolition - Held: The PIL was not maintainable as it was not bonafide, but filed on account of personal disputes between the parties - There was also long delay of eight years in filing the same - NMC was empowered to

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