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Supreme Court of India 2023-03-22 allowed

SHRAMJEEVI COOPERATIVE HOUSING SOCIETY LTD vs DINESH JOSHI & ORS

Bench: 2 — S. Ravindra Bhat, Dipankar Datta

In Brief

The Supreme Court upheld the rights of Shramjeevi Cooperative Housing Society and other appellants against NGT orders prohibiting construction near Teliya Talab in Mandsaur. The Court held that the NGT violated natural justice by failing to implead or notify affected parties before issuing drastic directions. Critically, the society's land had been the subject of prior litigation where courts decreed it did not fall within the submergence area—a decree confirmed by higher courts and upheld by the Supreme Court itself. The NGT could not ignore this final determination. The Court also noted the NGT relied on an unverified draft map rather than an authorised revenue map. The society's appeal was allowed. Other appeals were allowed with directions for the NGT to reconsider boundaries using a properly constituted committee.

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