This PIL regarding unauthorized land concession by the State and a housing society was dismissed as the petitioner, in his capacity as an administrator, was found to be a party to the proposal, negating public interest.
Dismissal of the petition with costs.
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
PIL NO. 29 OF 2007
Major (Retd.) D.K. Abhyankar. .. Petitioner.
vs.
State of Maharashtra & Ors. .. Respondents.
Major (Retd.) D.K. Abhyankar Petitioner in person.
Ms. V.K. Khatu for respondent nos. 3 & 3.
Mr. Jayesh Sapra for respondent no. 4.
CORAM: J.N. PATEL &
A.A. SAYED, JJ.
DATE: 22ND AUGUST 2007.
P.C.
. Heard.
2. The Petitioner has filed this public interest
litigation seeking a writ of mandamus against
respondent nos. 2 and 3 to take action and initiate
departmental enquiry into the matter of unauthorised
concession and construction on plot bearing CTS No.
105, which is the property of Kurla Kamgar Co-operative
Housing Society, which is in its possession basically
2
on the ground that the unauthorised construction has
been sanctioned compromising the D.C. Rules relating
to open space like play ground, etc.
3. In the affidavit in reply the Corporation has
taken a stand that the same is done in accordance with
the policy and the sanction is given in accordance with
the rules. The respondent society has also filed their
affidavit in reply in which they have stated that the
petitioner himself was a party to this proposal in his
capacity as an administrator of the respondent society.
Therefore, we do not find any merit in the petition and
no public interest is involved. Therefore, the
petition is dismissed with costs.
(J.N. Patel, J. )
(A.A. Sayed, J. )
1 issue framed by the court
Whether the court should issue a writ of mandamus for an unauthorized construction on cooperative society property.
Major (Retd.) D.K. Abhyankar
State of Maharashtra
Kurla Kamgar Co-operative Housing Society
J.N. PATEL
A.A. SAYED
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court