High Court considered a PIL challenging demolition by Ulhasnagar Municipal Corporation for road widening. Finding the petitioner failed to name affected shopkeepers and lacking material for public interest, the Court disposed of the petition.
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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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELATE JURISDICTION
PUBLIC INTEREST LITIGATION NO.209 OF 2015
Dr.Ashok Madhavdas Parwani ...Petitioner
vs.
Ulhasnagar Municipal Corporation...Respondent
...Petitioner
Mr.J.S.Chandnani for the Petitioner
Mr.S.M.Kamble for the respondent Nos.1 to 3.
Ms M.P.Thakur, AGP for respondent Nos.4 and 5.
CORAM : A.S.OKA, &
C.V.BHADANG, JJ.
DATE : JANUARY 11, 2016
P.C.:
1The petitioner claims to have filed this
petition in public interest challenging the
demolition drive commenced by the Ulhasnagar
Municipal Corporation for the purposes of widening
the Kalyan Ambernath road.
2The contention of the learned counsel for the
petitioner is that though the demolition is
illegally carried out by the Municipal Corporation,
due to terror created by the Municipal Officers,
certain shopkeepers did not challenge the action of
demolition.
3Apart from the issue whether the petition is
really filed in the public interest, we find from
the representation dated 21st December 2015 that the
petitioner has not even stated the names of the
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shopkeepers whose shops were illegally demolished
and who could not approach the Court of law due to
alleged terror or any other reason.
4The learned counsel for the Ulhasnagar
Municipal Corporation has placed on record the order
dated 16th December 2015 in Writ Petition No.12090 of
2015. The said order records the statement made by
the learned counsel representing the Ulhasnagar
Municipal Corporation that the persons whose
structures have been demolished for widening of the
Kalyan Ambernath Road will be rehabilitated in terms
of the Resolution No.60 dated 11th December 2015
passed by the Ulhasnagar Municipal Corporation.
Moreover, in the said order, a statement of the
learned counsel for the Ulhasnagar Municipal
Corporation has been recorded that no structures
which are subject matter of the concerned petitions
before this Court will be demolished without
following due process of law.
5Therefore, no case is made out for entertaining
this PIL. Accordingly, PIL is disposed of.
2 issues framed by the court
Whether a claim filed in the name of specific shopkeepers affected by illegal demolition can be treated as a valid public interest litigation.
Whether disposal of affected structures without following due process of law warrants entertaining a PIL by this Court.
Dr.Ashok Madhavdas Parwani
Ulhasnagar Municipal Corporation
A.S.OKA
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