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.