Conscious Citizen Forum v. The State Of Maharashtra And ORS
VPH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION No. 55 OF 2013 Conscious Citizen Forum ...
Petitioners Vs.
The State of Maharashtra & Ors.
...
Respondents *** None for the Petitioners.
Mr. M. R. Bubna, for Respondent No. 4.
Ms. Aliya Pathan a/w Kunal Waghmare, for the Respondent - BMC. Mr. Vishal Shirke i/b S. V. Marne, for Respondent No. 6. *** CORAM : V. M. KANADE, & C. V. BHADANG, JJ.
DATE : MARCH 27, 2017 PC.
1.
By this criminal public interest litigation (for short the "PIL"), which is filed under Article 226 of the Constitution of India, Petitioner is seeking following reliefs:
"(a) that this Hon'ble Court be pleased to issue writ of mandamus and / or any other appropriate writ, order and / or direction in the nature of mandamus thereby directing the respondents to formulate a policy 1 / 4
decisions by having coordination amongst themselves with regard to illegal building and chawl construction in the entire State of Maharashtra.
(b) that this Hon'ble Court be pleased to direct the respondents for a particular circular to construct of a building, like annually check of the strength of building and safety measure renewal, quality control certificate, building sale title should clear, amenities completed before occupant, land title NOC from collector, Certificate from National Disaster Management, structures violating fire and structural safety norms could also be regularised for a premium and Maharashtra Organize Crime Act should be implicated against the law violated person including government servants on Building and chall construction in State of Maharashtra.
(c) this this Hon'ble Court be pleased to direct the respondents for a particular circular to a developed master plan to construct of a building, like annually check of the strength of building and safety measure renewal, quality control certificate, building sale title should clear, amenities completed before occupant, land title NOC from collector, certificate from National Disaster Management, structures violating fire and structural safety norms could also be regularised for a 2 / 4
premium, rehabilitation programme should initiate before demotion of illegal buildings, implicate cluster development programme and Maharashtra Organise Crime Act should be implicated against the law violated person including government servants on Building and chall Construction in State of Maharashtra.
(d) Direction to register FIR at concern police authority under the provisions of MRTP & Slum Area Act or as per the law, against land mafia, builders and any other responsible for illegal structure and buildings. (e) That this Hon'ble Court be pleased to direct to the concern authority to take initiative to demolish all entire illegal structure at Dharavi, Koliwada, Mumbra and rehabilitate the family to any other safe place as per defined norms and rule.
(f) That the Hon'ble Court be pleased to issue a writ and / or any other appropriate writ / order and direct thereby issuing a guidelines and to take strict necessary action on a developed Master plan of building and chawl construction in entire State of Maharashtra.
2.
We are of the view that this Court cannot direct the State Government to formulate the policy or operate the statute by issuing writ of mandamus, which is a well settled position in law. Hence, we 3 / 4
are not inclined to entertain this PIL. We, however, direct the State Government to look into the matter to see whether such a policy can be framed. With this direction, criminal PIL is disposed of. Sd/- Sd/- [C. V. BHADANG, J.] [V. M. KANADE, J.] Vinayak Halemath 4 / 4