Supreme Court dismissed extraordinary review regarding demolition order for unauthorized building addition under Construction Law Art. 48.
Legislator summary
AI generatedThe Supreme Court dismissed the extraordinary review filed by the Ombudsman against the administrative court's decision ordering the demolition of an unauthorized building extension. The plaintiff argued that construction drawings implied the addition was permitted, but the court found the plans did not support this claim. Consequently, the court upheld the demolition order as the only appropriate sanction under the Construction Law, rejecting alternative legal arguments that would have invalidated the original building permit.
Legislator headnote
AI generatedArt. 48 of the Construction Law; Art. 36a of the Construction Law: The court must order demolition of unauthorized structures when no legal basis exists in the building permit or its amendments, as no other statutory provision provides a suitable sanction for such self-willed construction.