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february 1989

Supreme Court of India · 1989-02-03

RAJATHA ENTERPRISES vs S.K. SHARMA & ORS.

Citation / case number
SC 1987/70941
Court
Supreme Court of India
Petitioner
RAJATHA ENTERPRISES
Respondent
S.K. SHARMA & ORS.
Author
T.K. THOMMEN
Bench
T.K. THOMMEN

Judgment text excerpt

The Supreme Court held that under Section 342 of the Karnataka Municipal Corporations Act, 1976, and Section 14 of the Karnataka Town and Country Planning Act, 1961, the construction of a building in violation of statutory provisions can be compounded if public interest is not prejudiced. The Court found that the petitioner, not being a resident or affected party, could not challenge the construction, which posed no danger to the public. The Court upheld the validity of the construction and ruled that demolition was not warranted.

RAJATHA ENTERPRISES vs S.K. SHARMA & ORS. · Niyam