#Public Nuisance

The Himachal Pradesh High Court has ruled that a Magistrate cannot convert a conditional order under Section 133 CrPC - directing removal of tree branches - into an absolute order mandating tree removal without issuing a fresh notice and opportunity to be heard. This reinforces that procedural fairness under criminal procedure is not a formality but a constitutional imperative, protecting property rights against arbitrary state action.

The Punjab & Haryana High Court ruled that public authorities cannot unilaterally alter existing infrastructure without justification, incorporating the plaintiffs' Site Plan into the decree. The judgment reinforces that property rights are protected against arbitrary changes by government bodies, setting a precedent for similar disputes.