Supreme Court Criticises Anticipatory Bail Condition That Accused Should Be Arrested After Filing Of Chargesheet

Justice JB Pardiwala of the Supreme Court on Friday observed that disputes arising from unauthorised constructions and building-plan violations are predominantly reported from Delhi and Mumbai, unlike other States. The remark came while the Court was hearing a real estate dispute involving a builder who had constructed additional floors near the Mumbai International Airport without obtaining a revised sanctioned plan.Also Read - Ex-Judges, Lawyers Write Letter To CJI Surya Kant Objecting To Remarks On RohingyasA bench of Justice JB Pardiwala and Justice PB Varale was considering a plea arising out of objections raised by airport authorities regarding the unauthorised construction. Directing the parties to approach the High Court, the bench requested it to hear and decide the matter expeditiously. “Since the builder has constructed an additional four floors without getting the revised plan sanctioned, and there is a strong objection from the airport authorities, we request the High Court to take up the matter at the earliest and decide it after hearing all parties,” the order stated.Also Read - NEET-UG : Supreme Court Grants Relief To TN Students Who Lost MBBS Seats After Missing Fee Payment DeadlineAfter dictating the order, Justice Pardiwala expressed concern over the recurring nature of such disputes in the two metropolitan cities."You put up four floors without revised sanctioned plans. These things-two cities-Delhi homebuyers are sufferers of thousands, and in Bombay, this redevelopment. Except for Bombay and Delhi, we don't find this type of litigation in any other State. Have you come across one such case in Gujarat? Not a single litigation at the end of homebuyers in Gujarat. See the reputation of the builders, developers and in Bombay, you put up construction without any plans ?!Also Read - Plea In Supreme Court Challenges Mumbai Civic Body's Proposal To Engage Reliance Industries For Landscaping Reclaimed LandsJustice Pardiwala also questioned the airport authority for its lack of urgency in pursuing litigation. "Where were you when they put up 13th floor, or the 14th floor or the 16th floor?," he asked.The Airport said it tried carrying out the demolition, but it wasn't successful.Case Details: NARENDRA N. PAGARANI Vs MOHAMED RAFIQUE MOHAMED NAZIR SHAIKH|SLP(C) No. 25655-25659/2025

Supreme Court Criticises Anticipatory Bail Condition That Accused Should Be Arrested After Filing Of Chargesheet

Yash Mittal

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