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february 2013

Supreme Court of India · 2013-02-27

Esha Ekta Appartments Chs Ltd.& Ors vs Mun.Corp.Of Mumbai & Ors

Citation / case number
AIR 2013 SUPREME COURT 1861
Court
Supreme Court of India
Petitioner
Esha Ekta Appartments Chs Ltd.& Ors
Respondent
Mun.Corp.Of Mumbai & Ors
Author
G. S. Singhvi
Bench
Sudhansu Jyoti Mukhopadhaya, G.S. Singhvi

Judgment text excerpt

The Supreme Court emphasized the necessity of strict adherence to municipal laws for planned urban development, highlighting the rampant violations by builders and the failure of authorities to enforce regulations. Citing the case Friends Colony Development Committee v. State of Orissa (2004) 8 SCC 733, the Court reiterated that illegal constructions pose serious threats to ecology and infrastructure, and called for stringent actions against such violations, including demolition of unauthorized constructions and compensation for affected purchasers. The Court held that builders must be held accountable for unauthorized constructions and that local authorities must perform their duties effectively to prevent such violations.

Esha Ekta Appartments Chs Ltd.& Ors vs Mun.Corp.Of Mumbai & Ors · Niyam