VidhiSangh

Supreme Court of India · 24/04/2019

CHERIYATH JYOTHI versus SAINUDEEN AND ANR.

[2019] 6 S.C.R. 803 · 2019 INSC 566

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A Lok Adalat award requiring demolition of an existing rubber-sheeting building did not permanently prohibit new lawful construction or business on the plot. The old structure had been removed, and the new building followed a permit, supported by the Panchayat’s affidavit and Commissioner’s report. The executing court could not extend the award to demolish that replacement. Challenges to permit compliance, nuisance or pollution remained available before the appropriate authorities and forums.

Issues

  1. Whether the award permanently prohibited construction or activity on the neighbouring plot.
  2. Whether execution could compel demolition of the new permitted building.
  3. What remedies remained for nuisance or unlawful construction.

Held

Result

Appeal dismissed without costs, with liberty to pursue appropriate remedies concerning construction compliance, pollution, nuisance or other legal violations. High Court order setting aside execution directions left undisturbed; applications disposed of.

Judgment PDF: Supreme Court of India, [2019] 6 S.C.R. 803.