Himachal Pradesh High Court Orders Demolition of Unauthorized Construction on Tenanted Premises

Court Upholds Mandatory Injunction Against Tenants for Raising Additional Floors Without Permission

The Himachal Pradesh High Court, in a significant ruling, has directed the demolition of two unauthorized storeys constructed by tenants on a tenanted premises without the landlord's consent or the requisite municipal sanction. The judgment, delivered by Justice Vivek Singh Thakur, underscores the importance of adhering to legal norms and obtaining necessary approvals before altering leased properties.

The case, titled "Smt. Jwala Devi v. Smt. Prabha Bhagra," involved a dispute where the tenants, led by Smt. Jwala Devi, had constructed additional floors on a property situated in Ayercliff Estate, Shimla. The property, originally owned by the plaintiffs, was temporarily acquired by the State for road widening but was later de-notified. Upon regaining ownership, the plaintiffs sought a mandatory injunction for the demolition of the unauthorized construction, citing the lack of permission from both the landlords and the Municipal Corporation.

The court reaffirmed the principle that ownership rights revive post de-notification of state acquisition, thereby granting the landlords the standing to challenge the unauthorized construction. The judgment emphasized that the tenancy, following the death of the original tenant, Dalip Chand Goel, passed solely to his surviving spouse, Smt. Jwala Devi, as per the Himachal Pradesh Urban Rent Control Act, 1987. The other defendants, being unauthorized occupants, were ordered to vacate the premises.

Furthermore, the court dismissed the defendants' applications for additional evidence, which included documents purportedly showing a private partition and sale of the property. The court found these documents irrelevant to the core issue of unauthorized construction on the tenanted premises.

This ruling serves as a cautionary tale for tenants undertaking construction without requisite permissions, highlighting the legal repercussions of such actions. The court's decision reinforces the necessity for tenants to respect the terms of their lease agreements and comply with local regulations.

Bottom Line:

Unauthorized construction on tenanted premises without landlord's permission or Municipal Corporation's sanction is liable for mandatory injunction to demolish the structure. Ownership rights revive after de-notification of acquisition by the State.

Statutory provision(s): Himachal Pradesh Urban Rent Control Act, 1987 Section 2(j), Civil Procedure Code Order 41 Rule 27

Smt. Jwala Devi v. Smt. Prabha Bhagra, (Himachal Pradesh) : Law Finder Doc Id # 2812026