LAWS(KER)-1989-6-2

JAMES VARGHESE Vs. DISTRICT COLLECTOR

Decided On June 06, 1989
JAMES VARGHESE Appellant
V/S
DISTRICT COLLECTOR Respondents

JUDGEMENT

(1.) Building is a beauteous concept. It has a positive content; a constructive direction; and a perfecting dimension. Small or big does not matter when it comes to building: a bird's nest, or a sky scraper. Many even build castles in the air! Laitham noted how in ancient Egypt people build huts for the living and pyramids for the dead. Around it much of sentiments and emotions centre around. Temples, churches and mosques have their spiritual halo. Deep emotions or disciplinary virtues give the building a greater significance: such as in the case of Taj where affection crystallised itself into a glorious beauty; such as in the Gothic Cloisters, which inspired Lord Atkin to coin that term 'cloistered virtue'.

(2.) Building techniques had varied very much depending on the clime and time. To the Chinese, who built the Great Wall, uses of stone instead of wood for the construction of the buildings in the reign of Asoka caused much wonder. Nero's palace is referred to as the most pretentious of all homes. Mansion, Lexicographers say only meant a place one lives in. 'So was residence, which splits into re, "block", and sedeo, "sit" making up 'residence' as a place where one sits back and takes it easy. Bungalow, the one or one and a half story houses, derived from the Hindustani word 'bangla', meaning of "of Bengal". (which got into English in the 17th century) and is a contribution of East India architecture. (See 'Word Origins' by Wilfred Funk). The tax man did not spare the window, when English Window Tax way imposed.

(3.) In the realm of law, building activity brought in its wake many legal thoughts. Hudson's 'Building Contract' and texts of that kind and the profuse case law of recent times reflect the pervasive nature of the inter connection between Law and Building.