NEW DELHI: The SC seldom advises a petitioner while dismissing a defective suit. On Tuesday, Justice Abhay Manohar Sapre chose to ask Anant Shankar Bhave litigating for over 10 years to file fresh suit to stop construction of road by the Kalyan Dombivli Municipal Corporation.
Dismissing his appeal against a Bombay HC verdict in October 2016, the Bench of Justices Sapre and Dinesh Maheshwari granted him liberty to file a fresh civil suit on the lines it suggested and held that such a suit will be tried independently on the basis of pleadings and evidence adduced therein.
The Court said Bhave’s real grievance should have been that he was owner of the land and so the KDMC has no right to interfere or any right to construct any road without following due process of law in acquiring the land and paying adequate compensation. Bhave had won the case in the lower court but lost it in the appeal he made in the High Court that overturned the lower court’s verdict.