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Floriana Estate Apartment Owners vs The Commissioner on 16 March, 2021 cites

Town House Building Co-Operative ... vs Special Deputy Commissioner on 11 February, 1988

OPERATIVE SOCIETY LTD. V. SPECIAL DEPUTY COMMISSIONER, AIR 1988 KARNATAKA 312 (FB)]. Even though prima facie we find the submission made by learned counsel for respondent No.6 that the controversy raised by association has to be put to rest, however in peculiar facts and circumstances of the fact we are unable to do so as the learned single judge has not dealt with matter on merits and we cannot sit in appeal in respect of a decision taken by an administrative authority with regard to sanction of a map, particularly when determination of aforesaid issue requires factual adjudication which cannot be done in this summary proceeding. So far as issue No.5 whether 30 the writ petition filed by the association was barred on the principles of res judicata or constructive res judicata, suffice it to say that in the earlier writ petition, the subsequent building plan was not in question and the appellant was informed by communications dated 20.03.2017 and 24.05.2017 by the Joint Director of Town Planning, BBMP that in reply to the application under the Right to Information Act, 2005 that no fresh or modified plan was issued to the builder. Therefore, it appears that the fact of issuance of the subsequent plan on 21.09.2016 was not in the knowledge of the appellant in previous round of litigation. Therefore, the we hold that the writ petition was not barred by either on the principles of res judicata or constructive res judicata. In the peculiar facts of the case since the issues referred to supra namely issue nos.
Karnataka High Court Cites 21 - Cited by 9 - Full Document

Dipak Kumar Mukherjee vs Kolkata Mun.Corp.& Ors on 8 October, 2012

In Dipak Kumar Mukherjee supra, the Supreme Court has taken note of menace of illegal and unauthorized construction of buildings and other structures in different parts of the country and has held 25 that such an activity has acquired monstrous proportion. It is well settled proposition that in administrative matter the court should ordinarily defer the decision to the administrators unless decision is clearly illegal and shockingly arbitrary and the court cannot sit in appeal over the decision of the executive. The doctrine of Res Judicata and Constructive Res Judicata as enshrined in section 11 of the Code of Civil Procedure applies to the writ proceeding as well.
Supreme Court of India Cites 22 - Cited by 112 - G S Singhvi - Full Document
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