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october 2008

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.

Rikhabsao Nathusao Jain vs Corpn. Of The City Of Nagpur & Ors · Niyam