RAJ REWAL Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) The question for consideration is, whether an Architect, as author of artistic work of architecture in the form of a building or structure having an artistic character or design and having a copyright therein, upon the owner of the land on which building is constructed choosing to demolish the said building to construct another building in its place, has a right to restrain the owner from doing so and if the building has been demolished, to demand compensation therefor including by reconstruction of a building in accordance with the architectural drawings or plans by reference to which the building or structure was originally constructed.

(2.) The plaintiff has instituted this suit pleading that:

(3.) The suit has been filed, seeking mandatory injunction against Union of India and Indian Trade Promotion Organization (ITPO) to compensate the plaintiff by recreating the work of architecture in the Hall of Nations and Nehru Pavilion at the same location or at any other location in Delhi which is equally prominent as the earlier location of the said buildings, under the direct supervision of the plaintiff.