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april 1990

Supreme Court of India · 1990-04-19

STATE OF MAHARASHTRA vs MAHADEO DEOMAN RAI ALIAS KALAL AND OTHERS

Citation / case number
SC 1975/60514
Court
Supreme Court of India
Petitioner
STATE OF MAHARASHTRA
Respondent
MAHADEO DEOMAN RAI ALIAS KALAL AND OTHERS
Author
L.M. SHARMA
Bench
L.M. SHARMA

Judgment text excerpt

The Supreme Court held that the resolution dated February 13, 1967, was not binding on the Municipal Council, allowing it to make a different decision later. The Court clarified that the principle of res judicata did not apply as the earlier judgment did not finally resolve the controversy, and the Municipal Council was permitted to reconsider the respondent's application. The Court emphasized that public interest schemes must adapt to changing community needs, thus allowing the Municipal Council to utilize the land for public purposes as necessary.

STATE OF MAHARASHTRA vs MAHADEO DEOMAN RAI ALIAS KALAL AND OTHERS · Niyam