VidhiSangh

Supreme Court of India · 16/05/2024

T.N. GODAVARMAN THIRUMULPAD versus UNION OF INDIA & ORS.

[2024] 6 S.C.R. 723 · 2024 INSC 426

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The developer’s construction application for two Pachmarhi plots had to be objectively decided within two months, rather than deferred solely because a title-related writ appeal was pending. Its unchallenged purchase and mutation could not be displaced merely by later Nazul entries when it had never been impleaded. Any activity remained subject to the applicable eco-sensitive-zone notification and the writ appeal’s outcome; the Court did not directly grant construction permission.

Issues

  1. Whether pending litigation to which the applicant was not a party justified withholding consideration.
  2. How revenue entries affected the unchallenged purchase and mutation.
  3. What environmental and litigation conditions governed construction consideration.

Provisions considered

Held

Result

Applications disposed of: competent authorities to decide construction request objectively within two months. ESZ compliance and writ-appeal outcome preserved; adverse decision open to lawful challenge. No costs.

Judgment PDF: Supreme Court of India, [2024] 6 S.C.R. 723.