The High Court of Judicature at Bombay declined to entertain a PIL petition filed under Article 226 concerning land acquisition for a pipeline project, dismissing it as not fitting the criteria for PIL.
PIL petition dismissed; no stay on land acquisition granted.
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.
PIL. 78-15
VPH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION No. 78 OF 2015
Shri Sachin Suresh Kadam … Petitioner Vs. The Union of India through its Secretary & Ors. … Respondents
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Ms. Manjusha Patil i/b Yogesh Dalvi, for the Petitioner.
Ms. Nisha Valwani, for the Respondent – UOI.
Mr. Minoo Sisodia a/w Ma. Ashiya Shaikh i/b Rustomji & Ginwala, for Respondent No. 4 – HPCL.
Mr. Nitin Deshpande, for Respondent No. 3.
Mr. V. B. Thadani, AGP for Respondent No. 2 – State.
CORAM : V. M. KANADE, & Mrs. SWAPNA S. JOSHI, JJ. DATE : OCTOBER 5, 2016
PC.
that the advocate on recording for the Petitioner is appearing in the
Court at Thane in some other matter. She, therefore, submits that the
matter may be adjourned. We decline to adjourn the matter because
the matter is of 2015.
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PIL. 78-15
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PIL. 78-15
be deemed entitled to, be kindly granted in favour of the Petitioner.”
appearing for Respondent No. 4 that almost 35% of the work is over and the pipeline is being installed in the land of various persons and compensation is paid to those farmers / land owners, not only for the purpose of installation of pipeline but also for the loss caused on account of displacement of crops. It is submitted that acquisition is made on a temporary basis and the project is of national importance and it is for the benefit of public at large.
Sd/Sd/[Mrs. SWAPNA S. JOSHI, J.] [V. M. KANADE, J.]
Vinayak Halemath
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1 issue framed by the court
Whether the petition regarding pipeline land acquisition can be entertained as a Public Interest Litigation.
1 provisions across 1 enactments
Shri Sachin Suresh Kadam
The Union of India through its Secretary & Ors.
V. M. Kanade
Mrs. Swapna S. 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
