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Supreme Court of India 2021-07-15 allowed

SACHIN KASHYAP & ORS vs SUSHIL CHANDRA SRIVASTAVA & ORS

Bench: 2 — Vineet Saran, Dinesh Maheshwari

In Brief

The appellants, non-parties to a writ petition filed before the High Court, challenged a direction issued by the High Court restricting DJ operations on noise pollution grounds. The High Court had expanded its original scope of granting relief (removal of LCD) to issue directions on DJ restrictions without the appellants being parties or having any opportunity to respond. The Supreme Court held that a writ petition cannot be expanded beyond its specific prayers to cover unrelated issues of public importance without proper pleadings and impleadment of affected parties. The Court quashed the DJ restriction direction as unjustified, noting that in private litigation, affected parties must be given due hearing before directions impacting their livelihood are issued.

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Civil Procedure Constitutional Law Judicial Review Writ Jurisdiction Administrative Law Environmental Law Right to Livelihood

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