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

1985 Supreme(Del) 33

SULTAN SINGH
ONKAR NATH – Appellant
Versus
RAM NATH – Respondent


Advocates Appeared:
Prem Chand, Rajinder Mathur, V.B.ANDLEY

Judgement Key Points

Key Points: - The plaintiff, as neighbor, has a right to seek injunction for unauthorized construction that affects light, air, or enjoyment of his property (!) (!) (!) (!) . - Front and rear setbacks are mandatory requirements under the Building Bye-laws 1983, and leaving setbacks is required to be adhered to, affecting neighbor rights (!) (!) (!) . - The court granted injunction restraining unauthorized construction until final decision, indicating the neighbor's relief is permissible under the applicable bye-laws and statutory framework [p_Final] (!) . - The Building Bye-laws require obtaining permits; alterations and specific repairs have defined limitations, with certain works exempt from permits under Bye-law 6.4, affecting what constitutes unauthorized construction (!) . - The role of municipal authorities is to sanction construction; failure to obtain sanction is contrary to bye-laws and affects neighboring rights; the court may intervene by injunction (!) (!) (!) (!) .

What is the right of a neighbor to seek relief against unauthorized construction contrary to building bye-laws?

What are the mandatory requirements and effect of front and rear setbacks under Building Bye-laws 1983 on neighboring properties?

What is the role of the Municipal Corporation or authority in sanctioning construction and the court’s power under Section 41(j) of the Specific Relief Act to grant injunction?


S. N. Kapoor, J.

( 1 ) ORDER:- This revision by the plaintiff under S. 115 of the Civil P. C. is directed against the judgment and order dt. 23rd March, 1984 of the Additional District Judge confirming the order dt. 29th Nov. 1982 of the Subordinate Judge, Delhi, dismissing his application under O. 39 Rr. 1 and 2 of the Civil P. C.

( 2 ) THE brief facts as alleged are that the plaintiff is the owner of a three-storeyed house-bearing Municipal No. 4647/1 situated at 21 Darya Ganj, New Delhi and he has been residing on the first and second floors that the house has been in existence for the last 23 years and there have been three windows marked as A, B and C in the plan on the Eastern side of the first floor which are the only source of light and air to the living room and the dining-room of the plaintiff, that under the Building Bye-laws, no construction can be raised back to back and a person who wants to construct a building on an open plot of land is bound to leave at least 10 feet rear set back, and similarly, a front set back. The plaintiff alleges that defendants are in possession of an open plot of land situated on the East of his property marked x in the plan filed with th








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