The High Court summarily dismissed a PIL petition challenging building permissions granted to property developers. The court held that the petitioner's credentials were under serious doubt due to prior dismissals and a dispute over his leadership role in the trust, rendering the petition untenable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (PIL) NO.110 OF 2009
Bhrastachar Nirmoolan Sanghtana, Mumbai and another.
Versus Municipal Corporation of Greater Bombay and others.
... Petitioners ... Respondents
Mr.U.P. Warunjikar for the petitioners.
Mr. K.K. Singhvi, Senior Advocate with Ms. V.S. Gharpure for respondent Nos.1 and 2.
Mr. D.H. Mehta and Mr. Sanjay Jain i/by M/s. P.M. & Mithi for respondent No. 3.
CORAM : MOHIT S. SHAH, C.J. & S.J. KATHAWALLA, J.
Thursday, December 16, 2010
P .C.
This petition purporting to be PIL is filed by petitioner No.1 trust and petitioner No.2 Manav Shankar Joshi claiming to be President of petitioner No.1 trust. The petitioners have challenged the building permissions granted by Municipal Corporation of Greater Mumbai in favour of respondent No.3 M/s. Manas Properties Pvt.Ltd. in respect of the construction on the land bearing City Survey No.997/B/C Final Plot No.98 IPC 11 at Santacruz.
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and the Assistant Engineer of the Municipal Corporation for Greater Mumbai has filed affidavit dated 8th July, 2010 (denying the allegations made in the petition about the alleged illegalities or irregularities in the construction being carried out by respondent No.3), to which there is no affidavit in rejoinder, we are not inclined to interfere with this petition purporting to be a PIL.
Writ petition is summarily dismissed.
CHIEF JUSTICE
S.J. KATHAWALLA, J.
1 issue framed by the court
Whether the High Court can interfere with a PIL petition where the petitioner's credentials are doubtful and the status of the petitioner as head of the trust is contested.
Bhrastachar Nirmoolan Sanghtana
Manav Shankar Joshi
Municipal Corporation of Greater Bombay
M/s. Manas Properties Pvt.Ltd.
Mohit S. Shah
S.J. Kathawalla
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
