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july 1999

Supreme Court of India · 1999-07-26

M.I.BUILDERS PVT.LTD vs RADHEY SHYAM SAHU

Citation / case number
SC 1994/15170
Court
Supreme Court of India
Petitioner
M.I.BUILDERS PVT.LTD
Respondent
RADHEY SHYAM SAHU
Author
D.P.WADHWA S.B.MAJMUDAR
Bench
D.P.WADHWA S.B.MAJMUDAR

Judgment text excerpt

The Supreme Court upheld the High Court's decision that the Nagar Mahapalika's approval for the construction of an underground shopping complex in Jhandewala Park was illegal and unconstitutional, violating principles of public interest and environmental preservation. The Court emphasized that the Mahapalika's justification for easing congestion was illusory, as the park held historical significance and its maintenance was crucial. The ruling mandated the restoration of the park to its original state and required the Mahapalika to ensure public safety during the restoration process.

M.I.BUILDERS PVT.LTD vs RADHEY SHYAM SAHU · Niyam