The Supreme Court has held that a petition filed under Article 32 to challenge a binding judgement passed by the Court is not maintainable. The petition sought to declare that the judgement in Indore Development Authority Manoharlal was not a good law and overrule it and the subsequent judgments which followed it. In that concerned judgement, a Constitution Bench had given an interpretation to Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act.
The court stated that “A petition under Article 32 of the Constitution cannot be maintained in order to challenge a binding judgement of this Court. We, therefore, decline to entertain the petition. The petition is accordingly dismissed”.
The petitioner pleaded the relief that,
“Issue appropriate writ/writs, order/orders, direction/directions including the writ of Mandamus and commanding the respondent re-interpret the sec. 24 (2) of the land acquisition Act 2013 and declare that judgement in Indore Development Authority vs. Manoharlal and Ors. and verdicts passed therein no longer good law and accordingly over rule the same.”