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2019 Supreme(Del) 1763

RAJIV SAHAI ENDLAW
Raj Rewal – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Appellant : Mr. C.M. Lall, Sr. Adv. with Mr. Vedanta Varma, Ms. Nancy Roy, Mr. Rupin Bahl & Mr. Akhil Kumar Gola, Advs.
For the Respondent: Mr. Sanjay Jain, Sr. Adv. with Mr. Saket Sikri, Mr. Vikalp Mudgal, Mr. Yuvraj, Ms. Sneh Suman & Mr. Neil Mason, Advs.

JUDGMENT :

1. The question for consideration is, whether an Architect, as author of artistic work of architecture in the form of a building or structure having an artistic character or design and having a copyright therein, upon the owner of the land on which building is constructed choosing to demolish the said building to construct another building in its place, has a right to restrain the owner from doing so and if the building has been demolished, to demand compensation therefor including by reconstruction of a building in accordance with the architectural drawings or plans by reference to which the building or structure was originally constructed.

2. The plaintiff has instituted this suit pleading that:

(a) plaintiff is an acclaimed architect, a distinguished doyen of architecture from India who is recognized internationally; the plaintiff has designed many important buildings throughout his forty years of distinguished career; some of the creations include the Hall of Nations, the Nehru Pavilion, the Asian Games Village, National Institute of Immunology, SCOPE Office Complex, the Library for the Indian Parliament, all in Delhi, the Lisbon Ismaili Centre, Portugal, the Indian Emb

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