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october 2018

Supreme Court of India · 2018-10-04

HINDUSTAN ANTIBIOTICS LIMITED vs MAHARASHTRA HOUSING AND AREA DEVELOPMENT AUTHORITY (MHADA)

Citation / case number
SC 2018/27565
Court
Supreme Court of India
Petitioner
HINDUSTAN ANTIBIOTICS LIMITED
Respondent
MAHARASHTRA HOUSING AND AREA DEVELOPMENT AUTHORITY (MHADA)
Author
HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
Bench
HON'BLE MS. JUSTICE INDU MALHOTRA HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE

Judgment text excerpt

The Supreme Court upheld the High Court's dismissal of the appellant's writ petition under Article 226/227 of the Constitution of India, emphasizing that the appropriate remedy for the disputes regarding land disposal lies in a civil suit rather than a writ petition. The Court noted the necessity for amicable resolution among public undertakings and state agencies, referencing the principles established in Oil and Natural Gas Commission vs. Collector of Central Excise and related cases. The appeal was thus dismissed, reinforcing the jurisdictional boundaries of writ petitions in matters requiring civil litigation.

HINDUSTAN ANTIBIOTICS LIMITED vs MAHARASHTRA HOUSING AND AREA DEVELOPMENT AUTHORITY (MHADA) · Niyam