Petitioner challenged illegal structures, injunction orders, and alleged police-politician collusion in Mumbai. Court rejected wild allegations, directed addressing specific instances to authorities, and disposed of the petition by not a writ.
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Shiv
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION NO.47 OF 2012
Giridhar Chaturvedi .. Petitioner. Vs. State of Maharashtra & Ors. .. Respondents.
Mr.Tejesh Dande as Amicus Curiae for the petitioner. Mr.V.P. Malvankar AGP for the Respondent No.1. Mr.A.Y. Sakhare, Sr. Advocate a/w Ms.K.R. Punjabi for the BMC.
CORAM : A.S. OKA & A.K. MENON, JJ.
DATED : 26TH FEBRUARY, 2015
P.C.
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constructed in Dahisar area within limits of the Mumbai Municipal Corporation. The allegations are that the suits are being filed in respect of non existing structures in which orders of injunction have been issued. There is wild and sweeping allegation made that the suits are being filed on to basis of forged and fabricated documents. It is alleged that with the help of advocates representing the Mumbai Municipal Corporation, the litigants are in position to snatch the stay orders in respect of structures which are not in existence. There are allegations made against some of the police officers. It is alleged that they are supporting illegal activities of the local politicians and of those indulging in illegal construction. It is alleged that there is a racket involving several persons in relation to the construction of illegal structures. It is stated that when any dynamic police officer takes action against the racket, he is transferred.
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both the affidavits that very few suits are pending. Some of the suits have been dismissed and action of demolition has already been taken. In some suits, the Municipal Corporation is not a party.
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(A.K. MENON, J.) (A.S. OKA, J.)
3 issues framed by the court
Whether a writ can be issued on the basis of wild and sweeping allegations regarding illegal structures and police collusion?
Whether the petitioner should investigate specific instances of injunction orders before approaching the Court?
Whether the petitioner should exhaust police department grievances before approaching the High Court?
Giridhar Chaturvedi
State of Maharashtra
Mumbai Municipal Corporation
A.S. OKA
A.K. MENON
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
