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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHREE CHANDRASHEKHAR, CJ., SUMAN SHYAM
Altamount Road Area Citizens Committee – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. pil challenges arbitrary redevelopment permissions. (Para 1 , 2) |
| 2. respondents defend plans under dcr 1991/2034. (Para 3 , 7 , 8) |
| 3. dcr relaxations cannot compromise public safety. (Para 4 , 5 , 6) |
| 4. building complies with prevailing regulations. (Para 9 , 10) |
| 5. pil not for private grudges or technicalities. (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 6. dismiss pil lacking genuine public interest. (Para 17 , 18) |
Judgment :
Shree Chandrashekhar, CJ.
The Altamount Road Area Citizens Committee which is represented through its Chairman, namely, Captain Ashok Batra and one Bhuvneshwari Kumari Jadeja who claimed herself to be a Committee Member have filed this public interest litigation raising certain issues relating to the construction of a building over 21, Altamount Road, Mumbai. The petitioners state that the permissions, concessions, approvals and sanctions granted by the Municipal Corporation of Greater Mumbai and its officers in favor of 15th respondent- M/s Krishna and Company are arbitrary, illegal and in contravention to the Rules, Regulations, Notifications etc. The petitioners are, therefore, seeking an interference by this Court with the plans sanctioned for the subj
Public interest litigation dismissed as abuse of process where filed with suppressed facts, private motives against developer, raising disputed plan compliances without genuine public interest.
Public interest litigations must avoid delay and vagueness in claims; authorities should handle illegal construction issues, with the courts exercising restraint in ongoing matters.
Public interest litigations must be filed by individuals acting bona fide in genuine public interest; misuse for personal motives is impermissible.
Review Jurisdiction – An error apparent on face of record is a ground for invoking review jurisdiction – An error apparent on face of record is one when in comprehending such error, elaborate reasoni....
Plot under development/redevelopment affected due to Nalla, Nallah/river buffer, road widening, height restriction due to statutory restriction as per these Regulations such as railway buffer, height....
The court affirmed the authority of the Municipal Commissioner to regularize construction and condemned the complainant's repeated legal challenges as an abuse of process.
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