Disposed

Smt. Rajani Ramesh Naik and Ors. v. the Chief Director and Forest Inspector and Ors.

Bombay HC24 Mar 2014PIL/96/2013

Case brief

AI extract

What is this about?

The Court clarified that the petition concerned individual rights and title regarding hutments, not a Public Interest Litigation. It directed the registry to reclassify the matter as a Writ Petition under Article 226 and transfer it to the Original Side based on the Mumbai cause of action.

What did the court decide?

Directed the registry to treat the petition as a Writ Petition, cancel its PIL registration, and transfer it to the Original Side.

Smt. Rajani Ramesh Naik and Ors. Vs the Chief… — Environment and Pollution | Bombay HC (2014)

pil96

ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELATE JURISDICTION
PUBLIC INTEREST LITIGATION NO.96 OF 2013

¶5

Smt.Rajani Ramesh Naik & Ors. ...Petitioners
vs.
The Chief Director & Forest
Inspector & Ors. ...Respondents

¶6

...Petitioners

¶7

Mr.R.L.Majgaonkar for the Petitioner
Ms M.P.Thakur, AGP for the respondent Nos.2 and 4
Mr.Vijay D. Patil for respondent No.3 0

¶8

CORAM : A.S.OKA, &
 A.A.SAYED, JJ.
DATE : MARCH 24, 2014

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P.C.:

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1Our attention is invited to the order dated 25th
April 2013 which reads thus :

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“1The petitioners want protection to
their hutments which are situated within
the limits of Sanjay Gandhi National Park.
An order of demolition of the hutments was
passed in Writ Petition No.305 of 1995
which is in the nature of a Public Interest
Litigation. Therefore, propriety requires
that this petition should be placed before
the appropriate Bench taking up Public
Interest Litigations. Registrar (Judicial-
I) to act accordingly.”

¶12

2The registry has completely misunderstood the

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2 pil96

¶14

aforesaid order of this Court. The observation in
the order is as regards the nature of W.P.NO.305 of
1995. This petition cannot be treated as a PIL and
on the contrary, this petition has been filed by the
petitioners for protecting their individual right,
title and interests. By misinterpreting the order of
this Court dated 25th April 2013, the registry has
converted this petition into PIL.

¶15

3We direct the registry to treat this petition
as a Writ Petition by cancelling its registration as
a PIL.

¶16

4The entire cause of action for filing this
petition under Article 226 of the Constitution of
India has arisen in Mumbai. Therefore, we direct the
registry to treat this petition as a Writ Petition
by cancelling its registration as PIL. We also
direct the registry to transfer this Writ Petition
to the Original Side of this Court to enable the
petitioner to seek appropriate relief before the
appropriate Court.

¶17

(A.A.SAYED,J.)

Smt. Rajani Ramesh Naik and Ors. v. the Chief Director and Forest Inspector and Ors.

Case brief

What is this about?

What did the court decide?

Smt. Rajani Ramesh Naik and Ors. v. the Chief Director and Forest Inspector 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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