Supreme Court Rules on Property Dispute Over Unauthorized Construction

The case of Cheriyath Jyothi v. Sainudeen & Anr. revolved around a dispute concerning unauthorized construction and its compliance with local municipal regulations. The Supreme Court upheld the Kerala High Court’s ruling, dismissing the appellant’s claim that the construction should be permanently prohibited. The Court ruled that the Lok Adalat’s decision only required the demolition of the pre-existing structure but did not bar the respondent from constructing a new structure with proper approvals.

The judgment clarifies legal principles regarding enforcement of Lok Adalat awards, the rights of property owners, and the jurisdiction of municipal authorities in construction-related disputes.

Background of the Case

The appellant, Dr. Cheriyath Jyothi, was a resident of Karakulam Panchayath in Thiruvananthapuram. She complained about a neighboring structure allegedly being used as a plant for making rubber sheets, which she claimed violated the Kerala Panchayath Building Rules, 2011. She argued that the structure posed health hazards to those living in the vicinity.

Following her complaint, the matter was placed before the Lok Adalat, which passed an award on 23rd August 2013, stating that the respondent (Sainudeen) must demolish the unauthorized structure within three months.

The appellant later filed an execution petition before the Principal Munsiff Court, Nedumangad, seeking enforcement of the Lok Adalat’s award. The court directed the removal of the structure. The respondent, however, contended that he had demolished the old structure and had constructed a new building with the necessary municipal approvals.

The respondent challenged the execution proceedings before the Kerala High Court, arguing that he had complied with the Lok Adalat’s decision and had obtained a valid permit for the new construction. The High Court ruled in favor of the respondent, leading to the present appeal before the Supreme Court.

Key Legal Issues

Whether the Lok Adalat’s decision permanently prohibited construction on the respondent’s land.
Whether the execution court could order further demolition despite the respondent obtaining valid building approvals.
Whether municipal permits obtained after the Lok Adalat’s order were legally valid.

Arguments by the Appellant (Cheriyath Jyothi)

The Lok Adalat’s award required the permanent demolition of the structure, and any further construction should be deemed illegal.
The new structure still violated municipal regulations and posed environmental hazards.
The execution court’s order for demolition should have been upheld as the respondent acted in defiance of the Lok Adalat’s award.

Arguments by the Respondent (Sainudeen)

The old structure was demolished as required by the Lok Adalat’s order.
The new structure was built after obtaining valid municipal approval and was compliant with building regulations.
The execution court had overreached its authority by ordering demolition without considering the legality of the new construction.

Supreme Court’s Observations and Judgment

The Supreme Court analyzed the nature of the Lok Adalat’s award and whether it imposed a permanent prohibition on construction.

Key observations:

The Lok Adalat’s award was limited to the demolition of the structure that existed at the time of the complaint.
The order did not bar the respondent from constructing a new building after obtaining proper municipal approvals.
The respondent’s compliance with the Lok Adalat’s ruling was evident from the fact that he secured municipal permission before constructing the new structure.
The appropriate remedy for the appellant, if she believed the new structure violated environmental laws or caused public nuisance, was to challenge it under municipal regulations, not through execution of the Lok Adalat’s order.

Key Judgment Excerpt:

“The scope of the Lok Adalat’s award was limited to the removal of the structure existing at the relevant time. No direction has been issued to respondent No.1 to forebear from carrying on his legitimate activities, including business activities, from the stated plot occupied by him.”

The Court concluded that the High Court had correctly ruled in favor of the respondent and dismissed the appeal. It clarified that if the appellant had concerns regarding the impact of the new construction, she could approach the appropriate municipal or environmental authorities.

Implications of the Judgment

The ruling reinforces the principle that Lok Adalat awards must be interpreted in their specific context and do not necessarily impose permanent restrictions.
Municipal authorities retain the authority to grant approvals for new constructions, even in cases where previous structures were deemed unauthorized.
Disputes regarding the environmental impact of constructions should be addressed through municipal and environmental laws rather than execution of past orders.

Conclusion

This judgment sets an important precedent regarding the execution of Lok Adalat awards and the rights of property owners. The Supreme Court’s ruling ensures that judicial enforcement is limited to the specific terms of the award and prevents unnecessary demolition of structures that comply with legal requirements.

Petitioner Name: Cheriyath Jyothi.
Respondent Name: Sainudeen & Anr..
Judgment By: Justice A.M. Khanwilkar, Justice Ajay Rastogi.
Place Of Incident: Thiruvananthapuram, Kerala.
Judgment Date: 24-04-2019.

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