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The case currently before the SC arose out of a challenge to the 1986 amendment to the Maharashtra Housing and Area Development Act, 1976 (MHADA) by owners of ‘cessed’ properties in Mumbai.
In 2002, in Rupa Hurra v Ashok Hurra, the SC allowed curative writs as the last resort to correct judgments that are “oppressive to judicial conscience and would cause perpetuation of irremediable injustice.”