unauthorized construction - The Legal Chamber

In a significant order, the Supreme Court clarified the legal framework governing the use of upper floors in designated Local Shopping Centres (LSCs) in Delhi. The Court held that while the ground floor is permitted for commercial use, utilizing upper floors for commercial purposes requires payment of conversion charges and regularization of any unauthorized construction as per the Master Plan for Delhi-2021 and relevant building bylaws. Facts Of The Case: This case concerns an application for the de-sealing of a commercial premise at Plot No. 106 in New Rajinder Nagar Market, New Delhi. The applicant, M.C. Mehta, filed an Interlocutory Application (I.A.) in the long-standing Public Interest Litigation (W.P.(C) No. 4677 of 1985) concerning unauthorized constructions and land misu...

The Supreme Court upheld the enforceability of a cooperative court's decree for specific performance, ruling that subsequent unauthorized constructions and unapproved plot mergers do not render a decree inexecutable. The Court directed the removal of obstructing structures to facilitate the allotment and delivery of vacant possession to the decree-holder, affirming the executability of the award. Facts Of The Case: The appellant, Southern Nagpur Co-operative Society Limited, was directed by the Cooperative Court in a 2000 award to allot Plot No. 5A to its member, respondent Ganpati Yadavrao Kumbhare, a decree upheld in subsequent appeals. During execution proceedings, the appellant society objected, claiming the plot had lost its identity as it was merged with adjoining Plots 4 and 4A in...

Tag: unauthorized construction

Commercial vs. Residential Use: Supreme Court Decides on Delhi Market Plot Dispute

Society Cannot Evade Decree by Raising Unauthorized Constructions, Rules Supreme Court