H.S.L.D.C. versus PRAN SUKH & ORS.

H.S.L.D.C. versus PRAN SUKH & ORS.

The curative petition is misconceived and vexatious as the applicant falls in the same category as another association previously denied locus standi, the alleged grounds have already been considered and no change in circumstances exists, and the procedure for curative petition as required by precedent has not been complied with.

Parties
Appellant: H.S.I.D.C.; Respondents: Pran Sukh & Ors.; Applicant: Manesar Industrial Welfare Association
Jurisdiction
India
Judgment Date
12 October 2015
Procedural Posture
Curative Petition (civil) / Order on Maintainability and Disposition of Curative Petition
Outcome
Curative Petition dismissed as misconceived and vexatious; costs imposed but suspended
Legal Topics
Curative Petition, Acquisition of Land, Maintainability, Principles of Natural Justice
Land Acquisition Civil Procedure Curative Petition Acquisition of Land Maintainability Principles of Natural Justice

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Parties

H.S.I.D.C.

Appellant

Pran Sukh & Ors.

Respondents

Manesar Industrial Welfare Association

Applicant

Procedural Posture

Curative Petition (civil) / Order on Maintainability and Disposition of Curative Petition

Legal Issues

  1. 1 Whether the curative petition is maintainable under the Supreme Court Rules in the facts of this case
  2. 2 Whether the principle of natural justice was violated justifying curative relief

Ratio Decidendi

The curative petition is misconceived and vexatious as the applicant falls in the same category as another association previously denied locus standi, the alleged grounds have already been considered and no change in circumstances exists, and the procedure for curative petition as required by precedent has not been complied with.

Court Disposition

Curative Petition dismissed as misconceived and vexatious; costs imposed but suspended

Orders

  • Objections raised by the Registry are upheld; curative petition is dismissed
  • Costs of Rs. 1,00,000 imposed on the applicant, payable to Supreme Court Legal Services Authority; costs suspended but will become payable and recoverable if further litigation on the same subject matter is initiated