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ARTICLE · 10 JULY 2019

Demolition - A Limitation On Architect's Moral Rights

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This writ was also dismissed. Rewal then preferred an appeal. While this appeal was pending hearing, ITPO started demolishing the Hall.

IndiaIntellectual Property
Smriti Yadav
Smriti Yadav
Sourav Dan
Sourav Dan
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In Raj Rewal v Union of India & Ors. [CS(COMM) 3/2018, with IA Nos. 90 and 92 of 2018], the Hon'ble High Court of Delhi (Court) held that an architect of a building does not have the right to restraint the demolition of the building on the basis of his moral rights.

Background

The plaintiff, Mr Raj Rewal (Rewal), who is an acclaimed architect had designed amongst other structures, the iconic Hall of Nations (Hall) and the Nehru Pavilion housed inside the Hall, which stood in the Pragati Maidan ground. Somewhere in 2016, the Indian Trade Promotion Organisation (ITPO) proposed to destroy the Hall in order to build an integrated exhibition-cum-convention centre. Rewal filed a writ in the Court for revocation of the decision taken by ITPO. However, the said writ was dismissed. Thereafter, in 2017 Rewal filed another writ before the Court for declaration of Hall as works of national importance and for preservation thereof during the re-development of Pragati Maidan.

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