The Bombay High Court held that it cannot continue monitoring demolition activities by the Municipal Corporation, as that is the residents' duty. The PIL was disposed of as it had served its purpose, and associated motions were dismissed.
No directions to the Municipal Corporation were issued; the PIL and associated notices were disposed of.
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.
903.PIL-26-08.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION NO.26 OF 2008
WITH NOTICE OF MOTION NO.215 OF 2008 WITH NOTICE OF MOTION NO.65 OF 2009 WITH NOTICE OF MOTION NO.340 OF 2011 WITH NOTICE OF MOTION NO.229 OF 2016 WITH NOTICE OF MOTION NO.256 OF 2016 WITH CHAMBER SUMMONS NO.237 OF 2017
Mrs.S.G.P.Barnes … Petitioner versus Shri Sunil Damne and Ors. … Respondents
Mrs.S.G.P.Barnes- Petitioner present in person.
Mr.A.Y.Sakhare, Senior Advocate a/w Ms.K.H.Mastakar for MCGM.
CORAM :- S. C. DHARMADHIKARI & R.I.CHAGLA, JJ.
DATE :- DECEMBER 5, 2019
P.C. :-
Page 1 of 2
M.M.Salgaonkar
903.PIL-26-08.doc
dropping complaints before this Court, the unauthorised structures or development activities cannot be curbed, much less totally controlled. It is only when the residents keep proper vigil and help the officers that the activities can be brought under control. We do not think that we can issue directions as desired by the public interest litigant. Once we have targeted, with the help of the parties, a particular construction and ensured that the compliance is done by the Municipal Corporation of the order of this Court, then, the public interest litigant cannot raise issue of another illegal construction or activity brought to her notice or noticed by her. That way, every ward-wise act of this nature will have to be taken care of by this Court. It is impossible for us to do this, much less by way of a Public Interest Litigation.
(R.I.CHAGLA, J.) (S.C.DHARMADHIKARI, J.)
Page 2 of 2
M.M.Salgaonkar
2 issues framed by the court
Whether the High Court can continue to monitor and supervise demolition measures initiated by the Municipal Corporation.
Whether the petitioner can raise issues about new illegal constructions after the court has enforced compliance for a specific targeted construction.
Mrs.S.G.P.Barnes
Shri Sunil Damne
S. C. DHARMADHIKARI
R.I.CHAGLA
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
