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Supreme Court of India 2016-09-02 allowed

National Building Construction Corporation Ltd & Ors vs Khosmendir Singh Gahunia & Ors

Bench: 3 — D.Y. Chandrachud

In Brief

NBCC, a public sector enterprise, was appointed to redevelop Kidwai Nagar East, a 86-acre government employee colony in Delhi. During construction, NBCC closed Veer Chandra Singh Garhwali Marg, a public road used for 60 years by residents of adjoining areas. The Delhi High Court prohibited the closure. The Supreme Court allowed NBCC's appeal, finding the closure temporary and necessary for construction. The road was shown as retained (with realigned entry-exit points) in the NDMC-approved layout plan. NBCC undertook to restore it by December 2018. The Court remitted the case to the High Court to impose safeguards ensuring proper restoration and to allay residents' concerns, while allowing the project to proceed unhindered.

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Administrative Law Real Estate/Urban Development Land Law Public Right of Way Statutory Compliance

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