High Court dismissed a PIL filed by a housing society to quash a development permission, holding that the suitable remedy against drainage obstruction is a civil suit rather than a PIL. The petition was 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.
suresh
16-PIL-69.2009.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO.69 OF 2009
Rajeshwari Co-operative Housing Society Ltd. .... Petitioner Vs. Thane Municipal Corporation & Others .... Respondents
None present for the Petitioner. Mr. N.R. Bubna for Respondent Nos.1 & 2. Mr. Rohit Joshi i/by Ms Gauri Godse for Respondent No.4.
CORAM: S.C. DHARMADHIKARI & R.I. CHAGLA, JJ. DATE : NOVEMBER 18, 2019
P.C:
suresh 16-PIL-69.2009.doc
choking of the same. Therefore, rain water is not passing through it.
(R.I. CHAGLA, J.) (S.C. DHARMADHIKARI, J.)
Page 2 of 2
1 issue framed by the court
Whether a PIL is an appropriate remedy for a society aggrieved by construction activities blocking a drain.
Rajeshwari Co-operative Housing Society Ltd.
Thane Municipal Corporation
Others
SC DHARMADHIKARI
RI 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
