9911796707
TMI Blog2012 (10) TMI 1041X X X X Extracts X X X X X X X X Extracts X X X X ..... uthority'). In the show-cause notice, it was alleged that the respondent no. 8 had constructed a residential bungalow on a land in Survey No.250/12 without the prior permission of the Authority as required under Section 44 of the Town and Country Planning Act, 1974 (for short 'the Act'). It was also alleged in the show-cause notice that there was no proper access road to the property as required under the Act and that the construction was within a distance of 100 Mtrs. from Zuari river and was in breach of the Coastal Regulation Zone notification issued under the Environment (Protection) Act, 1986. By the show-cause notice, the respondent no.8 was asked to show-cause why action should not be initiated under Section 52 of the Act for demolit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t petition by order dated 29.01.2000 4. Aggrieved, the appellant filed Special Leave Petition under Article 136 of the Constitution against the order dated 29.01.2000 of the Bombay High Court at Goa dismissing the writ petition. When the Special Leave Petition was taken up for hearing by a three-Judge Bench on 22.11.2000, a submission was made on behalf of the appellant before the Court that the appellant had filed a Review Petition before the High Court and that the learned counsel for the appellant had instructions to withdraw the Special Leave Petition and the Court dismissed the Special Leave Petition as withdrawn. Thereafter, the High Court took up the hearing of the Review Petition and rejected the Review Petition by order dated 06.1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) 13 SCC 675] and M.N. Haider and Others v. Kendriya Vidyalaya Sangathan and Others [(2004) 13 SCC 677]. 6. The appellant, on the other hand, submitted that the appeals against the order dated 29.01.2000 of the High Court in the Writ Petition and the order dated 06.12.2000 of the High Court in the Review Petition were maintainable under Article 136 of the Constitution. In support of this submission, he relied on the decisions of this Court in Board of Control for Cricket in India and Another v. Netaji Cricket Club and Others [(2005) 4 SCC 741], Kunhayammed and Others v. State of Kerala and Another [(2000) 6 SCC 359] and Gangadhara Palo v. Revenue Divisional Officer and Another [(2011) 4 SCC 602]. 7. We have considered the submissions of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al Leave to Appeal against the order dated 29.01.2000 of the High Court with permission to pursue his remedy by way of review instead and had not taken the liberty from this Court to challenge the order dated 29.01.2000 afresh by way of special leave in case he did not get relief in the review application, he is precluded from challenging the order dated 29.01.2000 of the High Court by way of Special Leave to Appeal under Article 136 of the Constitution. 9. In Abhishek Malviya v. Additional Welfare Commissioner and Another (supra), cited by the counsel for respondent No.8, the order dated 13.03.1997 of the Madhya Pradesh High Court sustaining the order of compensation passed by the Additional Welfare Commissioner was challenged before this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and Others (supra) cited by the learned counsel for respondent No.8, this Court has consistently held that an appeal by way of Special Leave Petition under Article 136 of the Constitution is not maintainable against the order rejecting an application for review in view of the provisions of Order XLVII, Rule 7 of the CPC. 11. There is nothing in the decisions cited by the appellant to show that this Court has taken a view different from the view taken in Abhishek Malviya v. Additional Welfare Commissioner and Another (supra) with regard to maintainability of an appeal by way of Special Leave under Article 136 of the Constitution against an order of the High Court after an earlier Special Leave Petition against the same order had been withdr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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