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VIKRAM NATH, N. V. ANJARIA
Prem Porwal – Appellant
Versus
Jagdeesh Chandra Prajapati – Respondent
JUDGMENT :
N.V. ANJARIA, J.
Leave granted.
2. Out of the four present Appeals, those three preferred by the private Appellants are the Appeals directed against judgment and order dated 20.04.2015 in Writ Petition No. 6079 of 2014, and against orders dated 15.05.2015 in Review Petition Nos. 123 of 2015 and 125 of 2015, passed by the High Court of Madhya Pradesh. The fourth Appeal is filed by Nagar Palika, Khachrod1[Hereinafter, ‘Municipal Council’.], in which the Nagar Palika-original respondent No. 6 in the petition has challenged the aforesaid judgment and order dated 20.04.2015.
2.1 Writ Petition No. 6079 of 2014, which was filed by respondent No.1 herein, styling it as a Public Interest Litigation2[Hereinafter, “PIL”.], came to be allowed by the High Court directing the authorities concerned to remove all the shops constructed by the Municipal Council, which shops were allotted to the private Appellants herein, accepting the case that the said constructed shops were erected on the land known as ‘Dussehra Maidan’ reserved for Dussehra festival and related cultural events.
2.2 The private appellants herein who are the allottees of the shops in question and in occupation and possession
Review Jurisdiction – An error apparent on face of record is a ground for invoking review jurisdiction – An error apparent on face of record is one when in comprehending such error, elaborate reasoni....
A public interest litigation cannot be used by a petitioner who previously supported the actions being challenged, as it constitutes an abuse of the judicial process.
A decision by an authority impugned in a writ petition cannot be sustained if it fails to follow the directions in an earlier writ petition passed by a competent court.
The court examined the power of judicial review under Article 226 of the Constitution of India and concluded that the direction for a public auction was not unreasonable, considering the need for fai....
Public interest litigations must avoid delay and vagueness in claims; authorities should handle illegal construction issues, with the courts exercising restraint in ongoing matters.
Public interest litigation dismissed as abuse of process where filed with suppressed facts, private motives against developer, raising disputed plan compliances without genuine public interest.
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