Supreme Court Digest of Recent Cases
(2006) 6 SCC 699

Town Planning

Charges/Fee levied by Development Authority

— Levy of water charges, malba charges, sub-division charges, development charges and open space charges by said Authority — Writ petition challenging legality/validity of — Allowed by High Court without applying mind to relevant aspects and principles and by applying wrong test — Further, non-impleadment of State and Jal Sansthan concerned as parties to writ petition — In view of the above, held, judgment of High Court not sustainable — High Court directed to consider the matter afresh after impleadment of said parties, (2006) 6 SCC 699-A

Constitution of India

— Arts. 226 & 13 — Power of judicial review while dealing with constitutionality and/or applicability/legality of a statute and/or the rules and regulations framed thereunder — Scope of — Held, is limited, (2006) 6 SCC 699-B

Constitution of India

— Arts. 226 and 12 — Parties — Non-impleadment of State as a party to writ petition — Recording of finding in question in absence of the State — Propriety — Finding that the officials of the Municipality/Development Authority of the State concerned were in practice of demanding bribe for sanctioning map for construction of building, held, could not have been arrived at by High Court in absence of State as a party to the writ petition, (2006) 6 SCC 699-C

Practice and Procedure

Time-bound/Expeditious disposal

— Challenge to legality of levies in question — Considering the facts, High Court requested to consider the desirability of disposing of the matters as expeditiously as possible and preferably within a period of four months from the date of communication of the instant order, (2006) 6 SCC 699-D



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