Case Note & Summary
The dispute arose between the Pune Metropolitan Regional Development Authority (PMRDA) and Prakash Harkachand Parakh regarding public access to a road in a residential project. The PMRDA, as the competent authority under the Maharashtra Regional and Town and Country Planning Act, 1966, directed the respondent to keep a 12-meter wide road open for public use, which was challenged by the respondent in a writ petition. The High Court issued an interim order on October 4, 2019, imposing restrictions on public access to the road, allowing use only during specific hours and under certain conditions. The Supreme Court found that the High Court's interim order exceeded its jurisdiction under Article 226 of the Constitution, as it effectively granted final relief. The Court quashed the High Court's order and directed that the pending writ petition be decided independently without influence from its observations. The decision emphasized the principle that interim orders should not grant final relief and should respect the jurisdictional limits of judicial review. The appeal was allowed, and no costs were imposed.
Headnote
A) Administrative Law - Judicial Review - Exceeding Jurisdiction - Article 226 of the Constitution - The High Court's interim order imposed conditions on public access to a road, which was beyond its jurisdiction and not within the scope of judicial review. The Supreme Court held that interim orders should not grant final relief and quashed the High Court's order, directing the writ petition to be decided on its own merits (Paras 11-12).
Issue of Consideration
Whether the High Court exceeded its jurisdiction by imposing interim conditions on public access to a road during the pendency of a writ petition.
Final Decision
The Supreme Court allowed the appeal, quashed the High Court's interim order dated October 4, 2019, and directed that the writ petition be decided independently on its own merits.
Law Points
- Judicial review
- Interim orders
- Public access rights
- Maharashtra Regional and Town and Country Planning Act
- 1966
