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
- Whether the award permanently prohibited construction or activity on the neighbouring plot.
- Whether execution could compel demolition of the new permitted building.
- What remedies remained for nuisance or unlawful construction.
Held
- The award was confined to removing the structure existing when the parties settled. It contained no permanent prohibition on replacement construction or legitimate business activity. (¶ 9–11)
- The permit, Panchayat affidavit and Advocate Commissioner’s report supported removal of the old structure and construction of a new one. The executing court’s contrary finding could not sustain demolition in execution of the limited award. (¶ 9–10)
- Whether the replacement complied with its permit was for the competent authority. Pollution, nuisance or other unlawful activity could be challenged through the appropriate statutory or other remedy, to be decided independently on merits. (¶ 10–11)
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.