SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2001 Supreme(Del) 1804

D.K.JAIN, H.R.MALHOTRA, A.K.SIKRI
MUNICIPAL CORPORATION OF DELHI – Appellant
Versus
DALMIA INDUSTRIES P. LIMITED – Respondent


Advocates Appeared:
AVIMUKT DHAR, BANKEY BIHARI, J.M.SABHARWAL

S. B. SINHA

( 1 ) A Division Bench by order dated 19 December 2000 referred three questions before this court, having regard to the fact that interpretation of various provisions of Delhi Municipal Corporation Act are involved, observed as under:

"it was easy for us to follow suit by embarking on a factual enquiry on the nature of disputed construction but that would still leave some questions unanswered and the controversy raging. We would have also attempted to examine these questions on our own but considering their wider ramifications and general public importance involving interpretation of various provisions of DMCA and other related enactments we deem it appropriate to refer these to a larger Bench for authoritative pronouncement. In our view following questions warranting reference to a larger Bench arise : - (1) what is the area of operation of sections 312 and 313 of DMCA and do these exclude building complex which may otherwise need access and amenities from within. What could be a definite uniform standard for their application? (2) whether these sections would apply to village abadi (Firni) which stands exempted from operation of building regulations under Sections 332 t














Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top