Case Note & Summary
The dispute originated from a writ petition (CWP No. 38742 of 2025) challenging the Punjab Unified Building Rules, 2025. The High Court passed an interim order on 24.12.2025 directing that provisions inconsistent with earlier rules be kept in abeyance and violations under previous rules not be regularized. The appellant, a hotel owner, claimed this interim order was being used by municipal authorities to deny it benefits under the 2025 Rules, particularly regarding front setback requirements for its commercial building. The appellant's property was sealed on 05.02.2026, and a demolition order was issued on 06.02.2026. The appellant filed applications in the writ petition seeking impleadment and clarification/modification of the interim order, which were dismissed by the High Court on 26.02.2026 on grounds that the appellant had no lis before it and was not a necessary party. The appellant appealed to the Supreme Court. The core legal issue was whether the High Court correctly denied impleadment. The appellant argued it was directly affected by the interim order as municipal actions relied on it. The State contended the appellant could pursue statutory remedies. The Supreme Court analyzed principles of impleadment, citing Mumbai International Airport Private Limited v. Regency Convention Centre and Hotels Private Limited on the distinction between necessary and proper parties. The Court held that in writ proceedings, a person directly and demonstrably affected by an interim order cannot be excluded merely for not being an original party. It found the appellant's rights were directly impacted as the interim order influenced decisions on its building compliance and demolition. The Court concluded the High Court erred in dismissing the impleadment application and directed that the appellant be impleaded in the writ proceedings, with related appeals (LPA No. 760 of 2026 and CR No. 2579 of 2026) to be considered accordingly, while maintaining a stay on demolition pending further orders.
Headnote
A) Civil Procedure - Impleadment in Writ Proceedings - Necessary vs. Proper Party - Code of Civil Procedure, 1908, Order I Rule 10 - Principles governing impleadment in writ proceedings under Article 226 of the Constitution of India - The Court held that while writ proceedings are not controlled by technical pleadings, principles under Order I Rule 10 CPC furnish sound guidance - A necessary party is one without whom no effective order can be passed; a proper party is one whose presence enables complete, effective, and adequate adjudication - In writ proceedings, a person directly and demonstrably affected by an interim order cannot be shut out merely because they were not an original party to the principal challenge (Paras 7-8). B) Constitutional Law - Writ Jurisdiction - Right to be Heard - Constitution of India, Article 226 - Interpretation of interim orders affecting third parties - The Court found that the appellant was directly affected by the interim order dated 24.12.2025 which kept certain provisions of the Punjab Unified Building Rules, 2025 in abeyance - This order was being relied upon by municipal authorities to deny the appellant benefits under the 2025 Rules, including consideration of revised building plans and completion certificate - The appellant's building was sealed and demolition ordered based on this interpretation - Held that the appellant had a right to be heard in the writ proceedings to address how the interim order affected its rights (Paras 6-8).
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Issue of Consideration: Whether the High Court was justified in holding that the appellant had no lis before it and was not entitled to be heard in the writ proceedings, and what consequential directions should follow regarding the appellant's participation and related appeals.
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Final Decision
Supreme Court allowed the appeals, set aside the High Court order dated 26.02.2026, directed impleadment of appellant in CWP No. 38742 of 2025, and ordered related appeals (LPA No. 760 of 2026 and CR No. 2579 of 2026) to be considered accordingly with stay on demolition.
