INDORE MUNICIPAL CORPN & ANR. Vs. HARISH TOLANI

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 4088 of 2008, Judgment Date: Feb 24, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO. 4088 OF 2008

INDORE MUNICIPAL CORPN & ANR.                                    Appellant(s)

                                VERSUS

HARISH TOLANI                                                   Respondent(s)

                               J U D G M E N T

KURIAN, J.

1.    All that the  High Court has done  in  the  impugned  Judgment  is  to
remove  the  observations  made  by  the  learned  Single  Judge  that   the
Commissioner or the  Municipal  Corporation  does  not  have  the  power  to
compound any illegal construction.

2.    The Division Bench of the High Court has  further  clarified  that  in
the  joint  inspection,  if  any  illegal  construction  is   noticed,   the
Commissioner should first consider  whether  the  unauthorised  construction
can be compounded before ordering for demolition of the  said  construction.


3.    The learned counsel appearing for the Corporation  submits  that  even
going by the direction  of  the  Division  Bench  of  the  High  Court,  the
compounding cannot be permitted under law beyond  a  certain  percentage  of
the alleged unauthorised contruction.
4.    These are all matters to be verified  on  a  joint  inspection  to  be
conducted by the Commissioner with the present owner of the building and  it
is for the Commissioner to take appropriate action under law thereafter.

5.    Thus, we see no merit in the appeal; it  is,  accordingly,  dismissed,
subject to the above observations.

                                                   .......................J.
                                                           [ KURIAN JOSEPH ]


                                                   .......................J.
                                                   [ ROHINTON FALI NARIMAN ]

      New Delhi;
      February 24, 2016.