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2008 Supreme(Del) 1180

S.MURALIDHAR
C. L. DEVGUN – Appellant
Versus
NEW DELHI MUNICIPAL COUNCIL – Respondent


Advocates Appeared:
Ms. Monika Arora, Advocate
Mr. Vikas Singh, ASG and Mr. Prag Tripathi, ASG with Ms.Madhu Tewatia, Advocate, Mr. Anil Amrit, Mr. Rohit Dhingra and Ms. Sidhi Arora, Advocates for R-1 and R-3. Mr. Ashok Arora, Advocate for R-2.

JUDGMENT

S. MURALIDHAR, J.

.1. This petition, filed as a Public Interest Litigation (“PIL”), is by a former employee of the New Delhi Municipal Council (“NDMC”) and seeks a mandamus to the NDMC to “withdraw the facilities being provided to the non-official members” and for a declaration of “all the facilities currently being enjoyed by the non- official members of NDMC as illegal.”

.Preliminary objection

2. A preliminary objection to the maintainability of the PIL has been raised by Mr.Vikas Singh, learned Additional Solicitor General (ASG) on behalf of the Union of India. According to him, the petition is by a former employee of the NDMC who may be disgruntled and therefore this raises doubts about his bonafides. He accordingly prays for in limine dismissal of the PIL. In support of this contention Mr.Singh referred to the decisions of the Supreme Court in Guruvayoor Devaswom Managing Committee v. C.K. Rajan (2003) 7 SCC 546 and Common Cause v. Union of India (2008) 5 SCC 511. However, Mr.Parag Tripathi, learned ASG appearing for the NDMC did not raise any such objection to the maintainability of this petition. He went so far as to say that any concerned citizen had a right to k






















































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