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Indore Municipal Corpn. & Anr. v. Harish Tolani

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 4088 of 2008)Decided 24 Feb 2016
Civil Appeal No. 4088 of 2008
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

A dispute arose over an allegedly illegal construction, where a Single Judge of the High Court had earlier observed that the Municipal Commissioner/Corporation had no power at all to "compound" (regularise, for a fee/penalty) an illegal construction. The Division Bench of the High Court removed that observation and instead directed that during a joint inspection, the Commissioner must first consider whether the unauthorised construction can be compounded before ordering its demolition. The Municipal Corporation appealed to the Supreme Court, arguing that even under the Division Bench's approach, compounding cannot be allowed beyond a certain percentage of unauthorised construction under the law.

Decision Breakdown

The Supreme Court held there was no merit in the Corporation's appeal and dismissed it, while upholding the Division Bench's approach. It clarified that all factual matters, including what percentage of the construction is unauthorised and whether it qualifies for compounding under the applicable law, are to be verified through a joint inspection conducted by the Commissioner along with the present owner of the building, with the Commissioner then taking appropriate action in law. The Court did not itself decide the compounding percentage question, leaving that determination to the Commissioner's inspection process as directed by the High Court.

Lesson Learnt

Before a civic authority orders demolition of an allegedly illegal structure, it is generally expected to first examine, through a proper joint inspection with the owner, whether the construction can lawfully be regularised (compounded) rather than proceeding straight to demolition.

Official source (sci.gov.in)View Judgment (PDF)

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