Supreme Court of India · 2008-10-22
Rikhabsao Nathusao Jain vs Corpn. Of The City Of Nagpur & Ors
- Citation / case number
- AIRONLINE 2008 SC 13
- Court
- Supreme Court of India
- Petitioner
- Rikhabsao Nathusao Jain
- Respondent
- Corpn. Of The City Of Nagpur & Ors
- Author
- S.B. Sinha
- Bench
- Cyriac Joseph, S.B. Sinha
Judgment text excerpt
The Supreme Court examined the jurisdiction of the District Judge under Section 286(5) of the City of Nagpur Corporation Act, 1948, in relation to the approval of building plans. The Court held that the District Judge has the authority to issue mandatory injunctions to ensure compliance with the Act and the associated bye-laws. The judgment clarified that the failure to approve a building plan within sixty days results in deemed sanction, but the District Judge can intervene to protect the rights of neighboring property owners.