The Court disposed of the PIL as infructuous but mandated MCGM to seek vacation of interim orders restraining demolition. It suggested petitioner be impleaded in the underlying civil suits claiming public nuisance interest.
disposed as infructuous; petitioner to implead in civil suits; MCGM to seek vacation of interim orders.
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.
(15)-PIL-35-16.doc .
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION NO.35 OF 2016
Nadeem Riyasatali Kapoor ..Petitioner Versus Mr. Harun Khan and others ..Respondents
Mr. Vinod Singh I/by Mr. Ganesh Gole, Advocate for the Petitioner. Mr. Amit Shastri, AGP for Respondent Nos.2 & 8 – State. Ms. K. H. Mastakar, Advocate for Respondent Nos.3 to 7 – MCGM.
CORAM : PRADEEP NANDRAJOG, C.J. & N. M. JAMDAR, J.
DATE : 16th JULY, 2019
P.C.
1] Without impleading the alleged encroachers, by way of the present Public Interest Litigation the Petitioner desires structures abutting 5 meter Road from LBS Road at village Ghatkopar (W) Mumbai next to a drain to be demolished.
2] The response of MCGM brings out that notices were issued to six occupants of the stated unauthorized structures made on an encroached land, led the noticees to file civil suits in the City Civil Court in which interim orders have been obtained restraining MCGM from taking any coercive steps.
3] Since MCGM has taken steps which were contemplated BGP. 1 o f 2
(15)-PIL-35-16.doc .
by law, we dispose of the Public Interest Litigation as infructuous, but by requiring MCGM to seek vacation of the interim orders
4] The Petitioner may seek an impleadment in the suits filed by the said persons pleading that their activity causes public nuisance and thus as a resident of the area he has an interest in the litigation and would be, if not a necessary, at least a proper party.
N. M. JAMDAR, J CHIEF JUSTICE
2 o f 2
BGP.
1 issue framed by the court
Whether the Public Interest Litigation is infructuous without impleading alleged encroachers in the pending suits?
Nadeem Riyasatali Kapoor
Mr. Harun Khan and others
PRADEEP NANDRAJOG
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
