LAW FOR ALL

Public interest Litigation - arose out of accidental death of petitioner's son to provide and to follow road rule - scope of the writ metamorphosed and included the validity of contract between M/s. Soma Isolux NH One Tollway Pvt. Ltd. and NHAI - High court gave certain directions - Apex court set aside the order of High court and allowed the appeal on the ground that exercising jurisdiction under Article 226 of the Constitution of India is an act of judicial overreach under the garb of public interest and on the ground that the terms and conditions of a concluded contract can not be nullified by the High Court by issuing sweeping directions in an ongoing Public Interest Litigation Petition which renders the terms and conditions of the Concession Agreement between the contracting parties redundant at the instance and initiative of the Court itself when such directions has not even been sought by any of the parties to the Public Interest Petition and on the ground that Bench of the High Court which is seized of a particular dispute would not be justified in not taking note of the final judgment and order passed earlier by a co-ordinate Bench settling the said controversy in view of which no direction could be issued by the High Court nullifying the contractual rights of the affected party = M/S. SOMA ISOLUX NH ONE TOLLWAY PRIVATE LIMITED . Appellant Versus HARISH KUMAR PURI & ORS. ..Respondents=2014 (April.Part ) http://judis.nic.in/supremecourt/filename=41427