In a recent case, the court delved into the intricate realm of judicial review, examining the limits of its own jurisdiction. The case brought to light the nuances of judicial authority and the constraints within which the court must operate. This analysis sheds light on the importance of respecting these boundaries to ensure a fair and just legal system.
Facts
- Appellant is the competent authority under Maharashtra Regional and Town and Country Planning Act, 1966
- 1st respondent owns land for residential project in Village Majri bk, District Pune
- 1st respondent applied for layout and building plans approval, granted on certain conditions
- High Court passed interim order restricting public use of street on certain terms
- Order requires 1st respondent to keep private road open to sky, bears costs of gates/barriers
- No public parking allowed, only for residents
- Appellant directed 1st respondent to open 12 meters road to public, challenged by 1st respondent
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Analysis
- The High Court exceeded its jurisdiction by making modifications beyond its powers
- The nature of modification made by the High Court on October 4, 2019, was deemed to be exceeding its jurisdiction
- The modification made was not within the realm of power of judicial review under Article 226 of the Constitution
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Decision
- Collector, Pune put condition No.4 in the No Agricultural Order regarding maintenance of layout roads and open spaces.
- High Court pending consideration of a writ petition, no final relief granted by interim order.
- Private road can be enclosed with iron gates and barriers, open for public use during specified hours.
- Applicant required to maintain roads and open spaces or hand them over for maintenance by competent authority.
- Division Bench of High Court made ad-hoc arrangement regarding the use of roads through an interim order.
- Final order passed directing the subject road to be open for general public and adjoining landowners with specified time limits.
- High Court order dated 4 October, 2019, quashed and set aside.
- Writ Petition No. 8242 of 2019 to be decided independently without being influenced by present order.
- Civil appeal SLP(C) No. 404/2020 disposed of as per the order dated 10 March, 2021.
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Case Title: PUNE METROPOLITAN REGIONAL DEVELOPMENT AUTHORITY (PMRDA) Vs. PRAKASH HARKACHAND PARAKH (2021 INSC 174)
Case Number: C.A. No.-000845-000845 / 2021
