VidhiSangh

Supreme Court of India · 23/01/2023

E. JEEVANANDAM versus N. KOTESWARA RAO & ORS.

[2023] 1 S.C.R. 1099 · 2023 INSC 714

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Summary

The Madras High Court, in a residents' PIL, ordered the sewerage board to finish a 110-metre stretch of sewer line across a road the petitioner claimed to own. He was impleaded only when the PIL was finally disposed of. The Supreme Court accepted that he had not been heard. It nevertheless declined to remit the matter: the line had since been completed as a public amenity with no stay in place, and his title was disputed in a civil suit. It left him free to claim compensation and damages if he establishes title before a competent court. The Board's challenge to an earlier appellate order was not examined because the work was complete.

Issues

  1. Whether an order in a public interest litigation directing completion of a sewerage line over land claimed by the petitioner, passed without giving him an adequate hearing, should be set aside after the work had been completed.

Provisions considered

Held

Result

Special Leave Petition (C) No. 27337 of 2017 against the Madras High Court judgment dated 03.10.2017 in W.P. No. 25595 of 2017, and the Board's Special Leave Petition (C) No. 35197 of 2017, disposed of, with liberty to the petitioner to pursue his claim for compensation and to establish his title in accordance with law.

Judgment PDF: Supreme Court of India, [2023] 1 S.C.R. 1099.