Review of Court Judgment

1) Problems in Economic Theory of Law

The construction of a flat building's ninth storey is the main issue. On the property that party 2
developed, another party built the structure at the request of party 1 (Bodhale) (Nikesh Skies).
Pune Municipal Corporation had declared the construction of the ninth storey to be unlawful and
requested that it be stopped right away.
Party 2 allegedly understood exactly how the laws controlling the building of the ninth level
were being broken, but failed to effectively inform party 1 of this knowledge, leading to a
deficiency in service, according to the complaint lodged by party 1. Due to Party 1's ongoing
collaboration with a third party despite being aware of the construction's issues, Party 2 asked
that the lawsuit be dismissed.
Here, the topic of what landowners can do with their property is covered. The bundle of rights
explanation of the economic theory of law holds that the owner has a number of rights to their
property that cannot be taken away or used by another person, so long as it does not violate the
rights of another person. Who is actually the owner, though, is the problem with the legislation.
It is essential to ascertain whether the apartment's purchaser or developer is to fault in order to
establish who is accountable in this specific case.

2) Possible Legal Relief by the Court

The court's first option is to find party 1 responsible for being aware of the legal restrictions
and continuing with the illegal construction anyhow. The relief may include both monetary and
non-monetary compensation to the government and party 2, including the eviction of residents or
the suspension of building.
The court's second alternative is to find that party 2 is not guilty and rule that party 1's
prosecution was ineffective. In this case, the complaint would be dropped without the parties
having to make any restitution.
Assuming responsibility for party 2's failure to share information is the third option (or
nondisclosure of information). In this case, party 1 would need to be compensated both
financially and non-financially, including by giving them the completion certificate, starting a
cooperative organization, and providing additional paperwork. Party 1 would also be made
whole for any harms created by Party 2 in addition to receiving financial compensation.

3) Bundle Of Rights

As long as it doesn't violate the rights of others, a person's property can be used legitimately.
This is referred to as their "bundle of rights." In this instance, it is acknowledged that the owner
had the right to develop or change the land. Because structures of a specific height were not
allowed to be approved, the construction of the ninth storey breached the government's right to
implement its own legislative requirements through the Pune Municipal Corporation.