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Supreme Court of India 2021-03-10 allowed

PUNE METROPOLITAN REGIONAL DEVELOPMENT AUTHORITY (PMRDA) vs PRAKASH HARKACHAND PARAKH & ORS

Bench: 2 — Indu Malhotra, Ajay Rastogi

In Brief

The Pune Metropolitan Regional Development Authority had ordered a private residential developer to keep a 12-meter road open to the public, as mandated by conditions in the development permission. The developer challenged this in the High Court, which granted an interim order restricting public access to the road during specific hours (8:30 pm to 5:30 am). The Supreme Court held that the High Court exceeded its jurisdiction by creating an ad-hoc interim arrangement that substantially modified the substantive dispute pending final decision. The Court ruled that interim orders cannot ordinarily grant final relief and must preserve the status quo. The High Court's interim order was quashed, and the writ petition remitted for independent decision on merits.

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Administrative Law Judicial Review Interim Orders Land Development Urban Planning

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