This PIL challenged illegal structures. The court found that the construction was legal and in accordance with sanctioned plans as stated by respondents in their reply affidavit. No illegality was committed. The petition is disposed of without merit based on the stated satisfaction.
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
ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION NO.42 OF 2015
Mera Haq Mera Adhikar NGO V/s.
..Petitioner.
MHADA and Ors. ..Respondents.
Mr.Abhilash Panickar i/b. Ms.Jyoti Panickar for the petitioner.
Ms.Aparna M.Kalathil i/b. P.G.Lad for respondent No.1.
Mr. Umashankar Upadhyay, AGP for the respondent-State.
Ms.Trupti Puranik for BMC.
Ms.S.I.Joshi with Nikita Pawar i/b. S.I.Joshi & Co. for respondent No.3.
CORAM : V.M.KANADE AND MRS.SWAPNA JOSHI, JJ.
DATED : 24TH AUGUST, 2016
P.C. :-
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rule or directions and thereby direct the respondent No.2 to demolish the illegal structure of respondent No.3 calling “Living in Style”;
c. Direct BMC i.e. respondent No.2 and MHADA i.e. respondent No.1 to list all illegal extensions and /or constructions that are existing in the said Layout of Motilal Nagar and submit before the Hon'ble Court with a view to ensure that these illegal extensions and constructions do not receive any benefit (including mesne profits) for those illegal parts awaiting redevelopment, action against the officers involved in allowing such huge structures to spring up without necessary permission, including ascertainment of any disproportionate assets / wealth;
d. That BMC be directed to take into account the infrastructure capacity viz. water, traffic, road, parking drainage, garbage, dispensaries, hospitals as well as other civic amenities like playgrounds, gardens, parks, swimming pools and other sports and recreational facilities in the new forthcoming DP plan for which citizens invitations have been already invited. Such infrastructural capacity planning be taken into
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consideration only for the affected MHADAA area but to the entire city of Greater Mumbai.”
(MRS.SWAPNA JOSHI, J.) (V.M.KANADE, J.)
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Mera Haq Mera Adhikar NGO
MHADA
BMC
Living in Style
V.M.Kanade
Swapan Joshi
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
