NATIONAL BUILDING CONSTRUCTION CORPORATION LTD AND ORS. versus KHOSMENDIR SINGH GAHUNIA AND ORS.

NATIONAL BUILDING CONSTRUCTION CORPORATION LTD AND ORS. versus KHOSMENDIR SINGH GAHUNIA AND ORS.

A temporary closure of ingress and egress was necessitated to avoid any mishaps during re-development, and the balance of convenience lies in allowing the completion of the project, subject to the assurance and undertaking by the appellant to restore the road as per the approved layout plan by December 2018.

Parties
Appellant: National Building Construction Corporation Ltd; Respondent: Khosmendir Singh Gahunia
Jurisdiction
India
Judgment Date
02 September 2016
Procedural Posture
Civil Appeal / Final Disposition
Outcome
Appeals disposed; High Court order substituted by Supreme Court directions.
Legal Topics
Re Development of Colony, Closure of Public Road, Statutory Layout Plans, NDMC Act Interpretation
Urban Development Municipal Law Re Development of Colony Closure of Public Road Statutory Layout Plans NDMC Act Interpretation

Case Brief

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Parties

National Building Construction Corporation Ltd

Appellant

Khosmendir Singh Gahunia

Respondent

Procedural Posture

Civil Appeal / Final Disposition

Legal Issues

  1. 1 Whether temporary closure of a public road by the executing agency for re-development is lawful under the NDMC Act, 1994 and the sanctioned layout plan
  2. 2 Whether permanent closure was intended or legally permissible
  3. 3 Whether safeguards are required to protect public access during re-development

Ratio Decidendi

A temporary closure of ingress and egress was necessitated to avoid any mishaps during re-development, and the balance of convenience lies in allowing the completion of the project, subject to the assurance and undertaking by the appellant to restore the road as per the approved layout plan by December 2018.

Court Disposition

Appeals disposed; High Court order substituted by Supreme Court directions.

Orders

  • Project for re-development shall proceed unhindered subject to undertaking.
  • High Court may impose additional safeguards to allay apprehensions of original petitioners.