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Supreme Court of India 2017-10-03 allowed

Moideenkutty Haji vs Director General & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

A property owner near a protected fort in Kerala installed an aluminium roof to protect a building with a severely damaged roof slab. A lower court allowed the work, but the High Court Division Bench set this aside, ruling the roof was permanent construction prohibited under heritage protection law. The Supreme Court set aside the Division Bench and restored the lower court's judgment. Based on a structural engineer's report confirming the roof was fully damaged and the new roofing was merely a temporary protective repair, not new construction, the Court held the work lawful under the ancient monuments statute.

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Heritage Law Ancient Monuments Constitutional Law Administrative Law Statutory Interpretation

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