Bail | Right to Speedy Trial is a Fundamental Right Under Article 21: PH High Court    |     Postal Department’s Power to Enhance Penalties Time-Barred, Rules Allahabad High Court    |     Tenants Cannot Cross-Examine Landlords Unless Relationship is Disputed: Madras High Court    |     NDPS | Conscious Possession Extends to Vehicle Drivers: Telangana High Court Upholds 10-Year Sentence in Ganja Trafficking Case    |     Aid Reduction Of Without Due Process Unlawful: Rajasthan High Court Restores Full Grants for Educational Institutions    |     Assessment of Notional Income in Absence of Proof Cannot Be 'Mathematically Precise,' Says Patna High Court    |     NCLT's Resolution Plan Overrides State Tax Claims: Andhra Pradesh High Court Quashes Demands Against Patanjali Foods    |     An Agreement is Not Voidable if the Party Could Discover the Truth with Ordinary Diligence: Calcutta High Court Quashes Termination of LPG Distributorship License    |     Independent Witnesses Contradict Prosecution's Story: Chhattisgarh High Court Acquit Accused in Arson Case    |     Merely Being a Joint Account Holder Does Not Attract Liability Under Section 138 of NI Act:  Gujarat High Court    |     Higher Court Cannot Reappreciate Evidence Unless Perversity is Found: Himachal Pradesh High Court Refused to Enhance Maintenance    |     Perpetual Lease Allows Division of Property: Delhi High Court Affirms Partition and Validity of Purdah Wall    |     "Party Autonomy is the Backbone of Arbitration: Bombay High Court Upholds Sole Arbitrator Appointment Despite Party’s Attempts to Frustrate Arbitration Proceedings    |     Videography in Temple Premises Limited to Religious Functions: Kerala High Court Orders to Restrict Non-Religious Activities on Temple Premises    |     Past Service Must Be Counted for Pension Benefits: Jharkhand High Court Affirms Pension Rights for Daily Wage Employees    |     'Beyond Reasonable Doubt’ Does Not Mean Beyond All Doubt: Madras High Court Upholds Life Imprisonment for Man Convicted of Murdering Mother-in-Law    |    

Supreme Court Emphasizes Necessity of Hearing Affected Parties,' Sets Aside High Court's Compound Wall Order

07 May 2024 8:19 AM

By: Admin


The Supreme Court has set aside a High Court order allowing the construction of a compound wall under police protection, citing the failure to include all potentially affected parties. Delivered by Justices Abhay S. Oka and Ujjal Bhuyan, the ruling emphasizes the importance of impleading necessary parties in legal proceedings to ensure fairness and legality.

Background: The case arose from a dispute over the construction of a compound wall on the land of Parsi Dairy Farm, which was subject to an Arbitration Petition. Despite an interim application being filed, alleging obstruction from local villagers, the High Court permitted the construction based on "Minutes of Order" submitted by the advocates without hearing the objections of the local tribals who would be affected by the construction. This led to an appeal challenging the legality of the High Court's decision.

Impleading Necessary Parties: The Supreme Court underscored that the High Court’s decision was flawed due to the non-joinder of necessary parties, specifically local tribals whose properties would be affected. The Court emphasized, “The issue of whether the third parties' properties would be landlocked due to the construction of the wall could be decided only after hearing the concerned parties.”

Practice of Minutes of Order: The judgment delves into the practice of passing orders based on "Minutes of Order." The Court clarified that such orders, while a courtesy to the Court, must be lawful and involve all necessary parties. “An order passed in terms of the 'Minutes of Order' is not a consent order. It is an order in invitum for all purposes,” the Court noted.

Legal Reasoning: The Supreme Court highlighted the responsibilities of both advocates and the judiciary to ensure the legality of orders and the inclusion of all affected parties. The judgment emphasized, “Before tendering the 'Minutes of Order' to the Court, the advocates must consider whether an order, if passed by the Court in terms of the 'Minutes of Order,' would be lawful.”

Justice Abhay S. Oka remarked, “An illegality has been allowed to be perpetrated under the protection of the police. Even the Government counsel did not perform his duty by submitting before the Court as an officer of the Court about the failure to implead the necessary parties.”

Decision: The Supreme Court's ruling remands the case back to the High Court for reconsideration, ensuring that all affected parties are included. This decision highlights the judiciary's commitment to procedural fairness and the protection of rights for all parties involved in legal disputes. The judgment is expected to reinforce the importance of thorough judicial scrutiny and adherence to legal principles in future cases.

Date of Decision: 30th April 2024

Ajay Ishwar Ghute & Ors. v. Meher K. Patel & Ors.

 

Similar News