The High Court dismissed a PIL alleging fraud by builders and state officials regarding land allocation. The Court held that the petition was grossly delayed by 20 years and was individual-centric, noting that the complainant's family had already exhausted available remedies.
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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crpil 29 OF 2015
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
PUBLIC INTERST LITIGATION No. 29 OF 2015
Mahendra Aytul Dhodia ….Petitioner Vs. Richard Paul Fernandes and Ors. ….Respondents
Mr. Diwakar A. Dwivedi for Petitioner
Mr. S.K. Shind – Public Prosecutor a/w. Mr.S.V. Sonawane APP for Respondent -State
Mr. Vineet Naik, Senior Counsel a/w. Kirit Hakani for Respondent No.6 Ms. Gauri Godse for Respondent Nos. 7 & 9
Ms. Surekha Sonawane for Respondent No.10
CORAM : V. M. KANADE &
Mrs. SWAPNA S. JOSHI, JJ
DATE : SEPTEMBER 28, 2016
P.C. :
“(a) The Hon'ble Court be pleased to direct the AntiCorruption Bureau or any such other investigating Agency to investigate the fraud played by builders and developers in collusion and connivance with errant Officers of State of Maharashtra and Municipal Corporation of Greater Mumbai
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crpil 29 OF 2015
and for having submitted false information to the Additional Collector and Competent Authority (U.L.C.) for Greater Mumbai and for having submitted forged, fabricated and bogus documents before the said Authority, to register the F.I.R. against Respondent Nos. 6 to 9 and to take action against the other culprits, if any, according to law.
(b) The Respondent No.10 be directed to demolish the buildings constructed beyond exemption which could have been genuinely granted for the shares of 10 legal heirs of John P. Gonsalves and also to initiate against Respondent No.6 to 9 under MRTP Act.”
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came to know about the fraud played by Respondent Nos. 6 to 9with the U.L.C. and this fact was confirmed by Respondent Nos. 1 to 5, who are the family members of the John P. Gonsalves .
Mrs. SWAPNA S. JOSHI, J. V.M. KANADE, J.
Vaishali Tikam
2 issues framed by the court
Whether a petition filed 20 years after the alleged fraud can be entertained as a Public Interest Litigation.
Whether the petition involves genuine public interest or is individual-centric given that family members had exhausted other remedies.
Mahendra Aytul Dhodia
Richard Paul Fernandes and Ors.
V. M. Kanade
Mrs. Swapna S. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
