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PIL jurisdiction being mischievously used to settle scores: Supreme Court

The Bench made the oral remark while taking a dim view of demolitions carried out against certain properties in the Patna Sadar area.

The demolition followed a March 18 Patna High Court order on a PIL seeking the demolition of certain allegedly unauthorised constructions.

Notably, the demolition was carried out on March 23-24, despite the Supreme Court’s March 22 decision to order status quo until the High Court disposes of the matter, which consisted of a batch of petitions.

Effectively, the top court had stayed the demolitions on March 22.

However, the State went ahead with the demolitions by citing the March 18 High Court order and filed a compliance report before the High Court.

The Supreme Court condemned the move today.

“We strongly deprecate the conduct of the authorities and the lame excuse given before us. If the appeals had already been decided, it was incumbent upon them to move an appropriate application for vacation or modification of orders. A District Magistrate had no business to sit over an order of this court and resume the exercise despite a stay order,” the Court said.

Source: Barandbench

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