Case Note & Summary
The dispute arose between the J & K State Pollution Control Board and Sardar Jag Mohan Singh regarding the allotment of a plot for stone crushing business. The Supreme Court granted leave and directed the Board to find alternative plots for the respondent to commence his business. An allotment was made, and the court ordered the respondent to take possession and apply for an electrical connection within a specified timeframe. However, the respondent did not take any steps to comply with the court's order. The court noted that the respondent's counsel had not received any instructions from him, indicating a lack of interest in pursuing the matter. Consequently, the court allowed the appeal, set aside the impugned judgment, and imposed no costs. The decision was rendered on April 21, 2008.
Headnote
A) Civil Procedure - Inaction of Respondent - Dismissal of Appeal - Civil Appeal No. 2867 of 2008 - The court noted that the respondent failed to take possession of the allotted plot and apply for an electrical connection as directed. The court held that the respondent's lack of interest in the matter justified allowing the appeal and setting aside the impugned judgment (Paras Not mentioned).
Issue of Consideration
Whether the respondent's inaction warranted the dismissal of the appeal.
Final Decision
The Supreme Court allowed the appeal and set aside the impugned judgment, citing the respondent's lack of interest and inaction.
Law Points
- Civil procedure
- Appeal
- Inaction of respondent
- Electrical connection grant
