BCC 47/2017
This case involved the rights of an individual to stop construction when part of their land was subject to a planning decision.
Background
An individual filed a claim before the High Civil Court against a number of parties requesting the court issue an urgent ruling stopping construction work by one of the defendants in the property which was the subject of the dispute until the dispute was settled. They also requested the court to cancel the real estate document issued for the first defendant and all its procedures because he owned the land and the first defendant had started construction work on part of his land. He found out later that the first defendant had obtained the real estate document for the part of the land which he owned therefore he filed the claim. The court dismissed the claim. The person filed an appeal before the Supreme Civil Court which upheld the ruling. The individual appealed the ruling before the court of cassation.