Supreme Court of India

Forward Construction Co v Prabhat Mandal (Regd), Andheri

(1986) 1 SCC 10019851 min read
The case in brief30-second read
Facts
Residents challenged by writ petition building permissions granted on land in Andheri. An earlier petition raising the same public grievance had already been decided.
Issue
Whether a decision in an earlier petition about a public right binds later petitioners who were not parties to it.
Held
Explanation VI to S.11 applies to public interest litigation. Where earlier litigation in respect of a public right was conducted bona fide, all persons interested in that right are deemed to claim under those who litigated, and are bound. Since the earlier litigation was bona fide, the later challenge was barred.
Principle
Under Explanation VI to S.11, bona fide litigation about a public right binds all persons interested in it.
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Facts

  • Residents challenged by writ petition building permissions granted on land in Andheri. An earlier petition raising the same public grievance had already been decided.

Issue

  1. Whether a decision in an earlier petition about a public right binds later petitioners who were not parties to it.

Held

  • Explanation VI to S.11 applies to public interest litigation. Where earlier litigation in respect of a public right was conducted bona fide, all persons interested in that right are deemed to claim under those who litigated, and are bound. Since the earlier litigation was bona fide, the later challenge was barred.

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Citation

Forward Construction Co v Prabhat Mandal (Regd), Andheri (1986) 1 SCC 100

Reported: https://indiankanoon.org/doc/1489340/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.