In this PIL regarding water charges and property taxes, the High Court disposed of the petition by granting liberty to the respondent Municipal Corporation to recover dues after following due process of law.
Liberty granted to Municipal Corporation to recover dues after following due process of law.
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.
7-pil-14-2011
PUBLIC INTEREST LITIGATION NO.14 OF 2011 WITH
CHAMBER SUMMONS NO.37 OF 2012
Manubhai Paragji Vashi ...Petitioner vs. Brihanmumbai Municipal Corporation and Others ...Respondents
Mr. S.M. Sharma, an Amicus Curiae. Mr. S.S. Pakale, a/w. Ms. Trupti Puranik, for Respondent No. 1. Mr. Suresh Kumar, for Respondent No. 2. Mr. Ajay Fernandes i/b. Motiwalla and Co., for Respondent No. 3. Ms. M.H. Doshi, for Respondent No. 4. Ms. Uma Palsule-Desai, AGP for Respondent No. 5. Mr. Rui Rodriques a/w. Mr. H.V. Mehta, for Respondent No. 6.
CORAM : SHANTANU KEMKAR & MAKARAND KARNIK, JJ. DATE : AUGUST 26, 2016
P.C.:
. Through this Public Interest Litigation, the Petitioner has
claimed the following reliefs:
“a) To issue writ of certiorari, writ of mandamus or any other appropriate writ or direction and to direct the First Respondent to submit the details about the total outstanding by way of water charges, property taxes, sewerage charges and other dues recoverable from the public and private bodies and to recover the said amount recoverable under different 'Heads'.
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b) To direct Respondent No. 2 to 6 pay up the arrears of water charges and other dues payable to the First Respondent as per the statement annexed to the Petition.
c) It be declared that Section 279 of the Bombay Municipal Corporation Act is discriminatory inasmuch as it is applicable only to private bodies and not to the public bodies and the word 'private' appearing in the said section may be ordered to be struck down.
d) To direct Respondent No. 1 and their officers to disconnect the water connection of Respondent Nos. 2 to 6 and all other charges after giving notice.
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of.
disposed of.
(MAKARAND KARNIK, J.)
(SHANTANU KEMKAR, J.)
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Vishal Parekar
Manubhai Paragji Vashi
Brihanmumbai Municipal Corporation
Others
Shantanu Kemkar
Makarand Karnik
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
