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1980 Supreme(SC) 312

O.CHHINNAPPA REDDY, V.R.KRISHNA IYER
Municipal Council, Ratlam – Appellant
Versus
Vardichan – Respondent


Advocates:
C.S.CHAUHAN, M.S.Gupta, MANISHA GUPTA, S.K.Gambhir, S.K.JAIN, SOBHAG MAL JAIN

JUDGMENT

KRISHNA IYER, J.;— It is procedural rules, as this appeal proves, which infuse life into substantive rights, which activate them to make them effective. Here, before us, is what looks like a pedestrian quasi-criminal litigation under S. 133 Cr. P. C., where the Ratlam Municipality - the appellant - challenges the sense and soundness of the High Courts affirmation of the trial Courts order directing the construction of drainage facilities and the like, which has spiralled up to this court. The truth is that a few propound issues of processual jurisprudence of great strategic significance to our legal system face us and we must zero-in on them as they involve problems of access to justice for the people beyond the blinkered rules of standing of British Indian vintage. If the centre of gravity of justice is to shift, as the Preamble to the Constitution mandates, from the traditional individualism of locus standi to the community orientation of public interest litigation, these issues must be considered. In that sense, the case before us between the Ratlam Municipality and the citizens of a ward, is a path-finder in the field of peoples involvement in the justicing process, sa































































































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