Bench upheld preliminary objection against PIL seeking Occupation Certificate. Disposed petition advising separate proceedings for certificate.
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PIL80.14.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION NO. 80 OF 2014 ALONG WITH NOTICE OF MOTION NOS. 313, 271 & 317 OF 2014
Smt.S.G.P. Barnes … Petitioner in all matters.
v/s
The Municipal Commissioner of BMC & ors. … Respondents
Smt.S.G.P. Barnes – petitioner in person. Ms.Trupti Puranik for the respondent No.1. Ms.Uma Palsule-Desai, A.G.P. for respondent No.2.
CORAM: SMT. VASANTI A. NAIK & SHRI C. V. BHADANG, JJ.
DATED : 3RD FEBRUARY 2015
P.C.:
Heard.
The learned counsel for the Corporation and the learnd Assistant Government Pleader for the State Government raise a preliminary objection and state that the petitioner could not have filed the Public Interest Litigation, as by this petition, the petitioner has sought the Occupation Certificate. It is stated that the petitioner has purchased a flat in one of the buildings that is constructed on the land/mountain in question.
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PIL80.14.doc
On reading of the writ petition, we uphold the preliminary objection raised on behalf of the respondents and dispose of the Public Interest Litigation along with the notice of motion. The petitioner is however free to take appropriate proceedings for seeking the grant of Occupation Certificate, as permissible in law.
Order accordingly. No costs.
(C. V. BHADANG, J.) ( VASANTI A. NAIK, J.)
1 issue framed by the court
Whether a petitioner can file a PIL seeking an Occupation Certificate.
Smt. S.G.P. Barnes
The Municipal Commissioner of BMC
Vasanti A. Naik
C. V. Bhadang
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
