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Supreme Court of India 2019-04-24 dismissed

Cheriyath Jyothi vs Sainudeen and Anr

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The appellant complained to a Lok Adalat that the respondent had erected an unauthorised structure on an adjoining plot and was using it for commercial rubber sheet production. The Lok Adalat awarded removal of the structure. The respondent challenged the execution order before the High Court, claiming he had permission under an approved plan. The High Court appointed an advocate commissioner and, noting the appellant's apprehension about future machinery operation, held that the Lok Adalat award was limited to removal of the unauthorised structure, not prohibition of future construction. The Supreme Court dismissed the appeal, holding that the award cannot restrain lawful future activities; the appellant must seek separate relief through appropriate authorities for any nuisance."

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Legal Service Authorities Act Lok Adalat Unauthorised Construction Nuisance Civil Procedure Alternative Dispute Resolution

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