Assessment of Statute

Posted on by Rudrajyoti Nath Ray

For over 50 yrs., High Court has been disposing of Writ Petitions raising claims or challenges to exercise of powers or dereliction of duties under The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. The propensity and proclivity of 1971 Act to generate litigation are worrisome. The exasperation of High Court is understandable.

Court has, in a number of cases, directed Executive to carry a performance/assessment audit of a statute or has suggested amendments so as to remove perceived infirmities in its working [Preeti Gupta v. State of Jharkhand, (2010) 7 SCC 667; State of Haryana v. Mukesh Kumar, (2011) 10 SCC 404; Public Interest Foundation v. Union of India, (2019) 3 SCC 224; Pravin Electricals (P) Ltd. v. Galaxy Infra & Engineering (P) Ltd., (2021) 5 SCC 671; Arif Azim Co. Ltd. v. Aptech Ltd., (2024) 5 SCC 313]. Constitutional Courts are fully justified in giving such directions.

We request Ld. Chief Justice of Bombay High Court to initiate suo motu proceedings for reviewing 1971 Act.

– Hon’ble Justice Pamidighantam Sri Narasimha, Yash Developers v. Harihar Krupa Co-operative Housing Society Limited, [Civil Appeal No. 8127 of 2024].

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Yash Developers v. Harihar Krupa Co-operative Housing Society Ltd., 2024 INSC 559 held, assessing working of statute to realise if its purpose and objective are being achieved or not is an implied duty of Executive Government. It is in recognition of this obligation of Executive Government, Constitutional Courts have directed Governments to carry performance audit of statutes.

A plain and simple reading makes it clear, The Consumer Protection Act, 2019 shifts basis of pecuniary jurisdiction of District, State as well as National Commission from ‘value of compensation claimed’ to value of ‘consideration paid for goods and services’. We dismiss a constitutional challenge to Sections 34, 47 and 58 of 2019 Act.

– Hon’ble Justice Pamidighantam Sri Narasimha, Rutu Mihir Panchal v. Union of India, [Writ Petition (Civil) No. 282 of 2021] decided on 29.04.2025.

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'The Last Word' seeks to include not only wise and witty sayings but also curiosities. These words are not of obligation but of delight. I am not alone in my refusal to believe, law is tedious. For all who escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.