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.