The main issue of the case was whether an injunction should be granted to order the respondent to stop the allegedly unlawful construction of a six-storied building. The applicant meant that a Development and Building Permit was null and void without obtaining an EIA licence. The respondent had not sought such a licence.

The Municipal Council of Curepipe certified that an EIA licence was no prerequisite for a Development and Building permit. However, EIA licences are necessary before the initiation of “Major housing projects”. According to the respondent the law did not sufficiently specify what constituted such a project. Later on in the building process, the EIA Committee stated that a building of twenty of more flats required an EIA licence. The construction of the respondent should then be included.

The Court set aside the application, as an injunction would not be just and convenient as the law had been ambiguous. The Court also found that this would be required by a balance of convenience.