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The Supreme Court allowed a challenge over mother-tongue education, directing Rajasthan to frame policy for Rajasthani as an educational language and school subject.
The Court found that the respondents have, by and large, complied with the High Court order dated 15.10.2001 through progressive remedial measures and monitoring; accordingly the appeal was disposed of but the Court issued comprehensive, binding directions applicable to all Beggars' Homes nationwide (including timelines: implementation within six months and model guidelines by the Union within three months) to secure constitutional guarantees of life with dignity for inmates and to institutionalise preventive healthcare, sanitation, infrastructure, nutrition, rehabilitation, legal aid, child…
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The Court accepted the expert findings of IIT Bombay and NEERI that paving the main road (Dasturi Naka to Shivaji Maharaj Statue) with clay paver blocks is the best method to arrest soil erosion, and granted permission to lay clay paver blocks on that road subject to technical measures (no concrete bedding beneath clay pavers, include non-woven geotextile beneath sand bedding, cambering, contour bunds, lateral drains, rumble strips and other IIT/NEERI recommendations); it concurrently directed the State to stop the practice of hand-pulled carts/rickshaws within six months and to formulate and…
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Although historical material indicated a water body had existed, there was insufficient evidence that it remained a functional pond at the relevant time; the park, after years of public use, provides substantial ecological and social benefits, demolition would cause immediate environmental harm and waste public funds, and the delay in instituting proceedings created an irreversible fait accompli; therefore the High Court's direction to restore the pond was inappropriate and the appeal was allowed with directions to preserve the park and explore alternative compensatory measures.
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The Supreme Court directed compliance with the High Court order dated 27.08.2024 requiring the Trial Court to reconsider receivership, and held that Receivers appointed for temples should preferably have relevant administrative experience and historical, religious and social background (preferably belonging to the Vaishnav Sampradaya) rather than being practising advocates; additionally, the State of Uttar Pradesh was permitted to implement its development Scheme for Banke Bihari Temple and to utilise amounts lying in fixed deposits of the Deity/Temple to acquire land for the corridor provide…
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The High Court rightly exercised public interest jurisdiction in directing eviction and demolition of unauthorised construction; courts must adopt a strict approach and not allow regularisation of constructions put up in violation of statutory permissions, consistent with directions in Rajendra Kumar Barjatya (2024 INSC 990).
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The Supreme Court held that the High Court erred in setting aside the appointments because the record showed SKIMS had sponsored the appellants for the two-year diploma and thus bore the responsibility to secure admissions; SKIMS could not secure such admissions as many institutions had discontinued the diploma, the appellants underwent short-term training at AIIMS with recommendation, and the competent authority had approved relaxation; therefore the appointments were justified and the appellants were entitled to reinstatement with continuity of service (excluding back wages for the period o…
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Once the High Court recognized that holding the sporting event was a matter of government policy, it erred in proceeding to interfere with and modify the specific contractual terms of the MoU between the SDAT and the appellant. Questions of mutual contractual obligations and apportionment of expenditure are beyond the scope of judicial review in a PIL; therefore directions in paragraphs 22(iv), (v), (vi) and (vii) of the High Court order are set aside.
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The Supreme Court upheld the High Court: the PIL was maintainable; NOIDA exceeded statutory authority by delegating the power to levy fees to NTBCL; the Article 14 formula (Annexure F) was unreasonable, contravened Article 14 of the Constitution and public policy and was severable; NTBCL had, by the time of review, largely recovered project costs and substantial profits and therefore must be restrained from continuing to impose or collect user fees/tolls.
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The Court held that the 2013 Act is emancipatory and requires central and state governments to prescribe parameters and modalities (including a national-level coordinated survey procedure) to effect identification and rehabilitation; the 2013 and 2018 surveys were legally insufficient because statutory institutions and procedures were not followed; required institutions under the Act must be constituted and made functional; mechanization and provision of protective gear is mandated and hazardous cleaning without such measures can amount to forced labour under Article 23; the Union and States…
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