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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 owner Inacio Fernandes committed building violations and undertook to remove unauthorised balconies within 30 days. He later obtained a compounding order allowing him to retain most structures by demolishing six fifth-floor rooms and paying Rs.10,000 penalty, but complied with neither obligation. The High Court initiated contempt proceedings; the owner sought Supreme Court protection. The Court held that the owner had misused the judicial process by seeking protection while violating both orders. It imposed Rs.2,40,90,000 (estimated profits from 11 years of illegal use) as compensation to the Corporation, plus compliance with the compounding conditions within two months, or forfeit all regularisation benefits."

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Contempt of Court Civil Procedure Building Regulations Abuse of Process

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