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november 1985

Supreme Court of India · 1985-11-26

FORWARD CONSTRUCTION CO. & ORS. ETC. ETC. vs PRABHAT MANDAL (REGD.) ANDHERI & ORS. ETC. ETC.

Citation / case number
SC 1984/68362
Court
Supreme Court of India
Petitioner
FORWARD CONSTRUCTION CO. & ORS. ETC. ETC.
Respondent
PRABHAT MANDAL (REGD.) ANDHERI & ORS. ETC. ETC.
Author
R.B. MISRA
Bench
R.B. MISRA

Judgment text excerpt

The Supreme Court addressed the interpretation of 'change of user' under the Maharashtra Regional Town Planning Act, emphasizing that the BEST Committee's decision to utilize a portion of land reserved for a bus depot for commercial purposes was lawful. The Court upheld the principle of res judicata under Section 11 of the Code of Civil Procedure, 1908, stating that public interest litigation is subject to this principle. The Court affirmed the lower court's dismissal of the writ petition, concluding that the commercial use would benefit the public at large and was not contrary to the development plan.

FORWARD CONSTRUCTION CO. & ORS. ETC. ETC. vs PRABHAT MANDAL (REGD.) ANDHERI & ORS. ETC. ETC. · Niyam