This Court dismissed a writ application claiming compensation for illegal demolition of a hotel. The court held that determining the extent of damage involves disputed questions of fact and civil rights, rendering the writ application not maintainable under Articles 226 and 227 of the Constitution.
Writ application dismissed; interim order vacated.
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O.J.C. NO.13912 OF 1996
15.12.2016 Heard learned counsel for the parties.
This writ application has been filed claiming damage/compensation on the allegation
of illegal demolition by the State Authority involving the front portion of the Hotel Rajkama
l.
In spite of notice, there is no counter by the opposite parties.
Be that as it may, since the dispute involves demolition of front portion of a hote
l premises and whether the action involving the demolition is legal or illegal, the extent of
damage thereby to reach at a conclusion of damage is not possible by this Court in a writ unde
r Articles 226 & 227 of the Constitution of India. Involving the allegation and the claim, the
petitioner has a civil right and under the circumstance, the writ application cannot be enter
tained and stands dismissed for being not entertained involving the disputed question of fact.
Interim order dated 10.12.1996 passed in Misc. Case No.12187/1996 stands vacated.
2
2 issues framed by the court
Whether this Court can determine the extent of damage arising from an illegal demolition claim via a writ petition.
Whether the dispute over the legality of demolition of hotel premises involves a question of fact precluding writ jurisdiction.
1 provisions across 1 enactments
The State Authority
Petitioner
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court