In a suo moto PIL regarding the death of two occupants due to a collapsing wall, the court disposed of the petition after noting ex-gratia compensation acceptance by petitioners and without adjudicating negligence claims.
Suo moto PIL disposed of without adjudication on merits; remedies of affected persons kept open.
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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68.PIL.186-09.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
SUO MOTO PUBLIC INTEREST LITIGATION NO.186 OF 2009
Tatyaba L. Jadhav and another. Versus
..Petitioners
The State of Maharashtra and others. ..Respondents
Mr. V.P. Malvankar, AGP, “A” Panel, for Respondent No.1. Ms. Aakansha Thakkar i/b. M/s. Purnanand & Co. for Respondent No.2.
CORAM : A.S. OKA, AND A. S. CHANDURKAR, JJ.
DATE : 16th JUNE, 2014
P.C.
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68.PIL.186-09.doc
space, lost their lives. One Tulsabai Jadhav, the mother of said victim girls suffered injuries. Applicant Ramdin Kanojia's son has also suffered injuries.
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68.PIL.186-09.doc
the part of Khatau Condominium and hence, C-Summary has been claimed. We find that the learned Magistrate has issued notice to the concerned parties of the said report. Exhibit-12 to the affidavit-in-reply shows that said Ramdin S. Kanojiya and Tatyaba Laxman Jadhav have accepted the compensation by recording that the wall had collapsed due to heavy rains.
(A. S. CHANDURKAR, J.) (A. S. OKA, J.)
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Tatyaba L. Jadhav and another
The State of Maharashtra and others
Khatau Condominium
A.S. Oka
A.S. Chandurkar
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
