Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (May 30 - June 5, 2022)

Ancient Monuments and Archaeological Sites and Remains Act, 1958; Sections 20A, 20C, 20D -The repairs and renovation of the buildings, which are existing and the constructions which are necessary for providing basic facilities like drainage, toilets, water supply and distribution of electricity are kept out of the rigour of requirement of statutory permissions. (Para 51) Ardhendu Kumar Das v. State of Odisha, 2022 LiveLaw (SC) 539 Ancient Monuments and Archaeological Sites and Remains Act, 1958; Sections 20A, 20C, 20D - When subsection (4) of Section 20A of the said Act is read in harmony with clause (dc) of Section 2 and the provisions of Sections 20C and 20D of the said Act, we find that the submission that no construction at all can be made in the prohibited area or the regulated area, would be unsustainable. (Para 41) Ardhendu Kumar Das v. State of Odisha, 2022 LiveLaw (SC) 539 Ancient Monuments and Archaeological Sites and Remains Act, 1958; Section 2(dc) - Definition of "Construction" - The legislative intent is clear that the reconstruction,repair, renovation of the existing buildings has been excluded from the definition. Similarly, the construction, maintenance etc. of drains, drainage works, public latrines and urinals; the construction and maintenance of works meant for providing supply of water to public; and construction etc. for distribution of electricity, which could be construed to be essential services for catering to the needs of the public at large, have consciously been kept out of the definition of "construction". (Para 41, 42) Ardhendu Kumar Das v. State of Odisha, 2022 LiveLaw (SC) 539 Constitution of India- Judicial Interference in policy matters - APM Terminals B.V. v. Union of India and Anr. - consistent view of the Court - a change in policy by the Government can have an overriding effect over private treaties between the Government and a private party, if the same was in the general public interest - provide such change in policy was guided by reason - in case of conflict between public interest and personal interest, public interest should prevail - when a policy is changed by the State, which is in the general public interest, such policy would prevail over the individual rights/interests - in the present case, the policy change was not only in the larger public interest but also in the interest of the respondents/original allottees of plots of land [Para 61 - 63 & 65] Yamuna Expressway Industrial Development Authority v. Shakuntla Education and Welfare Society, 2022 LiveLaw (SC) 536 Constitution of India, 1950; Article 226 - Tender - High Court dismissed WPs challenging acceptance of tender following observations made in M/s N. G. Projects Ltd. Vs. M/s Vinod Kumar Jain and others, 2022 LiveLaw (SC) 302 - Appeal allowed - High court has totally misread the Judgment - Respondent was declared eligible in a flagrant violation of principles of natural justice and all fairness in the process of determining the eligibility of the tenderers. Jai Bholenath Construction v. Chief Executive Officer, Zilla Parishad Nanded, 2022 LiveLaw (SC) 542 Control of Terrorism and Organized Crime Act, 2015 (Gujarat) - To invoke this Act in respect of such an activity more than one charge-sheet must have been filed before a competent Court in the preceding ten years- Bail granted to accused as only one chargesheet has been filed against him. Mohamad Iliyas Mohamad Bilal Kapadiya v. State of Gujarat, 2022 LiveLaw (SC) 538 Education - NIOS shall endeavor to fix the examination centres, within a distance of 10 kilometers from the Accredited Institutions with which they are connected - It has duty to fix examination centres in a manner to enable students to appear in the examination with certainty and ease. Pragya Higher Secondary School v. National Institute of Open Schooling, 2022 LiveLaw (SC) 535 Environment (Protection) Act 1986; Section 3 - Guidelines issued by the Union Ministry on February 9 2011 for Ecologically Sensitive Zones near protected forests held to be reasonable - Further directions issued in relation to ESZ -No new permanent structure shall be permitted to come up for whatsoever purpose within the ESZ - Mining within the national parks and wildlife sanctuaries shall not be permitted. (Para 44) In Re : TN Godavarman Thirumalpad v. Union of India, 2022 LiveLaw (SC) 540 Environmental Law - Public Trust Doctrine - Public Trust Doctrine is part of the law of land - The role of the State cannot be confined to that of a facilitator or generator of economic activities for immediate upliftment of the fortunes of the State. The State also has to act as a trustee for the benefit of the general public in relation to the natural resources so that sustainable development can be achieved in the long term. Such role of the State is more relevant today, than, possibly, at any point of time in history with the...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (May 30 - June 5, 2022)

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