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1997 Supreme(SC) 827

S. SAGHIR AHMAD, G. B. PATTANAIK, K. RAMASWAMY
Manju Bhatia (Mrs) – Appellant
Versus
New Delhi Municipal Council – Respondent


ORDER

Leave granted.

We have heard learned counsel on both sides.

2. The admitted facts are that the builder impleaded as one of the respondents, after obtaining the requisite sanction, built 8 floors (including ground floor) on November 22, 1984 as per the guidelines which permitted 150 F.A.R. with the height restriction of 80 feet. The construction of the building known as "White House", came to be made and the possession of the flats was delivered to the purchasers, the appellant being one of them. At a later stage, it was found that the builder constructed the building in violation of the Regulations. Consequently, the flats of the top four floors were demolished. The demolition came to be challenged by way of the writ petition in the High Court. The High Court dismissed the same. Thus this appeal by special leave.

3. Before we go into the controversy involved, it would be appropriate and advantageous at this stage to refer and discuss the law of equity and its role in the field of tort and equity.

4. In Hanbury & Martin s Modern Equity (14th Edn. - 1993) by Jill E. Martin, at page 3 it is stated, on the "General Principles of Equity" that "equity is a word with many meanings. In















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