The Supreme Court clarified that judgments passed by a High Court cannot be declared illegal under Article 32 of the Constitution. The Bench emphasized that aggrieved parties must either seek a recall of the decision or challenge it through a special leave petition under Article 136.
The case arose when petitioners challenged a Bombay High Court judgment that ordered the demolition of five apartment complexes constructed without valid permits on government land. The petitioners, claiming they were not parties to the case and were thus unheard, sought relief directly from the Supreme Court. However, the Court dismissed their writ petition, stating that Article 32 is not the appropriate recourse for this grievance.
The Supreme Court Bench, comprising Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta, underscored the procedural avenues available to the petitioners, suggesting they either file a recall application or approach the Court via Article 136.
In the contested High Court ruling, developers were directed to pay Rs. 8 crore for the rehabilitation of displaced flat owners. The judgment was firm that monetary compensation could be used for alternate premises but declined to modify its order to accommodate arrangements between the flat owners and developers.
The Supreme Court’s dismissal leaves open other legal avenues for the petitioners but firmly underscores the boundaries of Article 32, reinforcing that it cannot be wielded to overturn judicial decisions of High Courts.
