DEVENDRA KUMAR UPADHYAYA, ARIF S. DOCTOR
Association for Protection of Civil Rights (APCR) – Appellant
Versus
Municipal Commissioner – Respondent
JUDGMENT :
1. Heard learned Counsel representing the parties and perused the records available before us on this Public Interest Litigation Petition (PIL Petition).
2. This PIL Petition seeks interference of this Court in exercise of its jurisdiction under Article 226 of the Constitution of India with a prayer to issue appropriate directions to the Respondents to ensure completion of a hospital in Kausa- Mumbra locality falling within the municipal limits of the Municipal Corporation of Thane (hereinafter referred to as the Corporation). A prayer has also been made to issue a direction to institute an inquiry into the causes of delay in completing the said hospital project and further into the alleged excess expenditure incurred by the Corporation in the said project and to take requisite action against the Officers responsible for such excess expenditure, which according to the Petitioners, appears to have been incurred without the sanction of law.
3. Having regard to the causes sought to be espoused in this PIL Petition, we shall, first take up the issue surrounding non-completion of the hospital project and the steps which are required to be taken by the Respondents to make it func
Kesavananda Bharati v. State of Kerala [(1973) 4 SCC 225 : 1973 Supp SCR 1]
Mohd. Hanif Quareshi v. State of Bihar [1959 SCR 995 : AIR 1958 SC 956]
Minerva Mills Ltd. v. Union of India [(1980) 3 SCC 625 : AIR 1980 SC 1789]
State of Karnataka v. Ranganatha Reddy [(1977) 4 SCC 471]
State of Madras v. Champakam Dorairajan [1951 SCC 351 : 1951 SCR 525 : AIR 1951 SC 226]
State of Punjab and Ors. Vs. Mohinder Singh Chawla and Ors.
State of Punjab and Ors. Vs. Ram Lubhaya Bagga and Ors.
Tamil Nadu Medical Officers Association Vs. Union of India
Union of India Vs. Moolchand Kharati Ram Trust
Unnikrishnan Vs. State of Andhra Pradesh
U.P. State Electricity v. Hari Shankar Jain [(1978) 4 SCC 16 : 1979 SCC (L&S) 481 : AIR 1979 SC 65]
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