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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 building near an ancient monument in Kerala suffered severe roof damage and dampness due to coastal conditions. The owner installed an aluminium roof for protection. The Kerala High Court Division Bench held this was prohibited construction under heritage protection laws. The Supreme Court, after obtaining a structural engineer's report, reversed this decision. The Court found the roof works were repairs of a damaged structure, not new construction, and therefore permissible. The Division Bench judgment was set aside and the Single Judge's decision allowing the repairs was restored.

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