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Supreme Court of India 2017-04-18 disposed

Inacio Fernandes (Dead) by His Lrs vs Gurudas G. Pai and others

Bench: 3 — Jagdish Singh Khehar

In Brief

Hotel Menino Regency's owner was directed by the High Court in 2005 to remove unauthorised balcony construction within 30 days. He obtained a compounding order allowing retention subject to demolishing six rooms and paying ₹10,000 penalty. When he neither demolished the rooms nor paid the penalty, the High Court initiated contempt proceedings. The Supreme Court found the owner had misused judicial process by benefiting from court protection while flouting both orders. It ordered him to reimburse ₹2.41 crore (profit estimated from the six rooms over 11 years) to the Goa civic corporation and complete compounding conditions within two months, or forfeit regularisation benefits.

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Constitutional Law Contempt of Court Judicial Process Property Law Environmental Law and Building Violations

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