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Legal Case Shots

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Civil Property & InheritanceSupreme Court of India

Cheriyath Jyothi v. Sainudeen

Civil Appeal · 2019 INSC 566Decided 24 Apr 2019
Civil Appeal No. 1424 of 2016
Justice A.M. Khanwilkar · Justice Ajay Rastogi

Background

The appellant complained to the local Panchayat that her neighbour had erected an unauthorised building used as a commercial rubber-sheet-making plant. The dispute was referred to a Lok Adalat, which recorded an award that the neighbour would demolish the "existing building" within three months. The neighbour later demolished that structure but, after obtaining proper permission from the Panchayat, built a new, compliant structure on the same plot. The appellant tried to execute the Lok Adalat award against this new structure too, and when the executing court sided with her, the neighbour successfully challenged that in the High Court.

Decision Breakdown

The Supreme Court agreed with the High Court that the Lok Adalat award was limited to removal of the specific structure existing at the time of the award: it was not a permanent prohibition against any future construction on the plot. Since the evidence (including a Panchayat affidavit and an Advocate Commissioner's site report) showed the original structure had indeed been demolished and a new, duly permitted structure built, the executing court's order purporting to enforce demolition of the new structure was unsustainable. The appeal was dismissed, though the appellant was given liberty to pursue separate remedies if the new business activity caused pollution or other legal violations.

Lesson Learnt

A settlement or award must be read strictly according to its actual words and scope: an agreement to remove one specific structure cannot later be stretched into a blanket ban on any future lawful construction on the same land.

Cheriyath Jyothi v. Sainudeen – Legal Case Shots | LegalAware