In Brief
The Supreme Court examined whether a High Court order permitting construction of a compound wall at Parsi Dairy Farm was lawful. The order was passed in terms of 'Minutes of Order' filed by advocates without impleading tribal owners whose lands would be affected. Senior government officials had stated on oath that construction would adversely affect third parties. The Court held that 'Minutes of Order' are not consent orders but orders in invitum. Before passing such orders, courts must verify that necessary parties are impleaded and that the order is lawful. Advocates must consider lawfulness before signing. The Court set aside both the original and review orders, remanded the writ petition, and directed impleadment of affected parties, with construction pending final adjudication.
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