KRISHNA KUMAR AGRAWAL AND ORS. versus JAI KUMAR JAIN AND ANR.

KRISHNA KUMAR AGRAWAL AND ORS. versus JAI KUMAR JAIN AND ANR.

Only the unauthorisedly constructed offending wall, as found by the Commissioner, is to be demolished; existing double-storeyed building is not to be demolished under the decree. The decree is interpreted to require removal only of recent unauthorised construction adjacent to the northern wall.

Parties
Appellant: Krishna Kumar Agrawal and Ors.; Respondent: Jai Kumar Jain and Anr.
Jurisdiction
India
Judgment Date
02 January 1996
Procedural Posture
Civil Appeal / Supreme Court Appellate Disposition
Outcome
Appeal disposed of with specified directions; no costs awarded.
Legal Topics
Unauthorised Construction, Demolition, Interpretation of Decree, Setback Requirement
Property Law Unauthorised Construction Demolition Interpretation of Decree Setback Requirement

Case Brief

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Parties

Krishna Kumar Agrawal and Ors.

Appellant

Jai Kumar Jain and Anr.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appellate Disposition

Legal Issues

  1. 1 Whether the interpretation of the operative part of the decree requires demolition of the entire building or only the offending wall
  2. 2 Whether existing constructions prior to 1982-83 should be demolished

Ratio Decidendi

Only the unauthorisedly constructed offending wall, as found by the Commissioner, is to be demolished; existing double-storeyed building is not to be demolished under the decree. The decree is interpreted to require removal only of recent unauthorised construction adjacent to the northern wall.

Court Disposition

Appeal disposed of with specified directions; no costs awarded.

Orders

  • Only the offending wall constructed recently is to be demolished, not the entire building.
  • Appellants directed to remove unauthorised construction as found by the Commissioner.