Dismissed

Shri Siddhivinayak Mitra Mandal v. the Director General, Defence Estates (Lands Section) and Ors.

Bombay HC4 Feb 2009PIL/63/2008

Case brief

AI extract

What is this about?

The court held that the present Public Interest Litigation lacks maintainability as it essentially addresses a private grievance against a builder and the court had previously dismissed a PIL on identical subject matter dating back to 31.1.2008.

What did the court decide?

PIL dismissed; liberty to approach competent authority and initiate appropriate legal proceedings against the concerned authorities and the respondent builder.

Shri Siddhivinayak Mitra Mandal Vs the Director General… — Property and Title | Bombay HC (2009)

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¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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 CIVIL APPELLATE JURISDICTION

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 P.I.L. NO. 63 OF 2008

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 Siddhivinayak Mitra Mandal,

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 Nagadi, Pune. .. Petitioner.

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vs.

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 The Director General

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 Defence Estates

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 & Ors. .. Respondents.

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 Mr. P.M. Gore for Petitioner.

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 Mr. A.A. Deshpande i/by D.R. More

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 for Respondent No. 5.

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 Mr. P.I. Khemani, AGP., for Respondent No. 4.

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CORAM: J.N. PATEL, &

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 R.M. SAVANT, JJ.

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DATE: 4TH FEBRUARY, 2009.

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 P.C.

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 . In substance this Public Interest Litigation is
 a private interest litigation as the main grievance is
 against the builder Respondent No. 6 and nothing
 prevents the persons who are suffering at the hands of
 the builder who has promised them 24 hours water supply
 and flouted the building constructions rules could
 approach the civil and criminal courts by invoking

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 various statutes which protects the rights of flat
 purchasers. On earlier occasion this court has already
 expressed an apprehension about the maintainability of
 such a petition and disposed of the earlier petition
 filed by the same petitioner i.e. Public Interest
 Litigation No. 15 of 2008 by its order dated
 31.1.2008. Therefore, we are not inclined to entertain
 a Public Interest Litigation on the same subject matter
 again. The PIL is dismissed with liberty to approach
 the competent authority and take out appropriate legal
 proceedings against the concerned authorities and
 respondent no. 6 builder.

¶22

 (J.N. Patel, J.)

¶23

 (R.M. Savant, J.)

Shri Siddhivinayak Mitra Mandal v. the Director General, Defence Estates (Lands Section) and Ors.

Case brief

What is this about?

What did the court decide?

Shri Siddhivinayak Mitra Mandal v. the Director General, Defence Estates (Lands Section) and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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