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Supreme Court upholds lower court decisions on writ petitions, citing res judicata principle The Supreme Court dismissed the special leave petitions, upholding the decisions of the lower courts in both writ petitions. The first writ petition's ...
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Supreme Court upholds lower court decisions on writ petitions, citing res judicata principle
The Supreme Court dismissed the special leave petitions, upholding the decisions of the lower courts in both writ petitions. The first writ petition's delay was not condoned, and the second writ petition was deemed not maintainable due to the res judicata principle. The Court held that restitution of possession was not warranted as the land had been acquired for public purposes and compensation had been paid according to market value, in line with a Government Resolution.
Issues involved: Condonation of delay in the first writ petition, maintainability of the second writ petition based on res judicata principle, and seeking restitution of possession based on a Government Resolution.
Condonation of Delay in First Writ Petition: The Supreme Court found no merit for condonation of delay in the first writ petition, which was dismissed on March 12, 1990.
Maintainability of Second Writ Petition - Res Judicata: The second writ petition was dismissed on the ground that the earlier order in the first writ petition operated as res judicata, as the land had been acquired for a public purpose and vested in the Municipality free from all encumbrances. The Court held that restitution to the erstwhile owners was not justified, as adequate compensation had been paid according to market value.
Restitution of Possession Based on Government Resolution: The petitioner in the second writ petition sought restitution of possession based on a Government Resolution directing surplus land to be utilized for public purposes or returned to erstwhile owners. The Court held that enforcement of the Resolution did not warrant restitution, as the land had been utilized for public purposes and compensation had been paid.
Conclusion: The Supreme Court dismissed the special leave petitions, upholding the decisions of the lower courts in both writ petitions, based on the principles of res judicata and public purpose utilization of acquired land.
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