ValkyaEditorial

Tagged “continuing-mandamus”

5 articles on continuing-mandamus.

Landmark JudgmentSupreme Court of India

In Re Phalodi Accident v. NHAI: commuter safety as an Article 21 right

On 13 April 2026, a two-judge bench held that the safety of commuters on national highways is an integral facet of the right to life with dignity under Article 21, and issued sweeping directions under Article 142 to NHAI, MoRTH, NHIDCL and State PWDs — including a ban on highway-shoulder parking and 75-day compliance reporting.

Valkya Editorial··10 min
Landmark JudgmentSupreme Court of India

M.C. Mehta v. Union of India (Taj Trapezium): operationalising the precautionary and polluter-pays principles

On 30 December 1996 — the penultimate working day before his retirement — Justice Kuldip Singh, sitting with Justice Faizan Uddin, delivered the Taj Trapezium judgment: 292 enumerated industries within a 10,400 square kilometre polygon around the Taj Mahal were directed to switch to natural gas or relocate outside the Zone, with labour-protective relief for workers in relocated units. A digest of how the Bench operationalised the *Vellore* principles, why it created a monument-centric zoning template, and how the continuing-mandamus device powered later orders from CNG-Delhi to subsequent TTZ rulings.

Valkya Editorial··13 min
Landmark JudgmentSupreme Court of India

T.N. Godavarman Thirumulpad v. Union of India: the dictionary meaning of 'forest' and the continuing mandamus

On 12 December 1996, a two-judge Bench of Justice J.S. Verma and Justice B.N. Kirpal in W.P.(C) 202/1995 held that the word 'forest' in the Forest (Conservation) Act, 1980 must be understood according to its dictionary meaning, irrespective of ownership or classification. The order constituted State Expert Committees, imposed felling moratoriums in the Northeast, J&K and other hill regions, protected workers in closed saw mills, and — through the formula 'this order is to continue, until further orders' — inaugurated what has become the longest-running environmental public interest litigation in Indian history. A digest of the foundational order, the 'deemed forest' doctrine, the subsequent architecture (CEC came in 2002, not 1996), and the doctrine's continuing engagement through 2026.

Valkya Editorial··16 min
Landmark JudgmentSupreme Court of India

Vineet Narain v. Union of India: continuing mandamus, CBI autonomy and the Article 32 supervisory jurisdiction

On 18 December 1997 a three-judge bench of the Supreme Court led by Chief Justice J.S. Verma, hearing the Jain hawala public interest litigation, issued a set of structural directions to insulate the Central Bureau of Investigation and the Enforcement Directorate from executive interference. The judgment fixed a two-year tenure for the CBI Director, gave the Central Vigilance Commission statutory status, struck down the 'Single Directive', and operationalised continuing mandamus as a tool of monitored investigation. It is the foundational case in modern Indian PIL practice.

Valkya Editorial··15 min