The petitioner, an NGO, sought a writ to direct the State Government to regularize tenement allotments for flood-affected persons based on a 2014 meeting decision. The Court held that implementation involves factual matrices and individual entitlements unsuitable for generic judicial orders.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION
PUBLIC INTEREST LITIGATION (STAMP) NO.30405 OF 2016
Panshet Purgrast Samittee. .. Petitioner Vs The State of Maharashtra. .. Respondent
Shri Tejesh Dande i/b M/s. Tejesh Dande & Associates for the Petitioner.
Shri Vikas Mali, AGP for the State.
CORAM : DR.MANJULA CHELLUR, C.J. & N.M. JAMDAR, J.
DATED : 7TH SEPTEMBER 2017
P.C.
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taken in meeting dated 15.7.2014 with the Minister for Revenue, State of Maharashtra.”
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Resolution which made the policy to regularize unauthorised construction on the Government land in the State of Maharashtra which was again in the light of 1985 and 1999 policies. According to the Petitioner, so far as the flood affected persons, though a policy decision was taken, there is no implementation of the decision of the year 2014. Therefore, the Petitioner NGO is before this Court.
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benefit of allotment of tenement in terms of the Government Resolutions passed in this regard, he is always at liberty to approach the Court and seek direction, depending upon his entitlement. We are of the opinion that the issue involved in the present public interest litigation cannot be decided as a general policy and issue a mandamus directing the Government to do a particular thing because such direction would be a blanket order which cannot be practically implemented.
( N.M. JAMDAR, J.)
(CHIEF JUSTICE)
2 issues framed by the court
Whether the court can issue a general policy direction to the State Government to regularize tenement allotments for flood affected persons.
Whether individual entitlement to allotment in terms of government resolutions can be decided by the administration through a policy scheme.
Panshet Purgrast Samittee
The State of Maharashtra
Dr. Manjula Chellur
N.M. Jamdar
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
