Mohd. Shadab Alam Murtuza Shaikh v. Renaissance Construction (Janta Sevak Nagar) And 8 Others

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911. PIL 40-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST LITIGATION NO.40 OF 2018 Digitally signed by Bharat Dasharath Pandit Date:

2018.10.01 15:05:13 +0530 Bharat Dasharath Pandit Mohd. Shadab Alam Martuza Shaikh ...

Petitioner

Versus

Renaissance Construction (Janta Sevak Nagar) And Others ...

Respondents .....

Mr. Darryl P. Barretto a/w Mr. Kapil Vishwas Zodge for the Petitioner. Mr. Amol Mhatre for Respondent No.2.

Mr. Vijay D. Patil for Respondent Nos.3 and 4. Ms. Trupti Puranik for Respondent Nos.5 and 6-MCGM. Ms. Uma Palsuledesai, AGP for Respondent Nos.7 to 9-State. .....

CORAM : B.R. GAVAI & M.S. KARNIK, JJ DATE : 14 SEPTEMBER 2018 P.C. :

1] The Petitioner has approached this court, contending that a huge plot is sought to be grabbed by Respondent No.1 in collusion with the other Respondents, thereby depriving slum dwellers of the benefits of the scheme to which they have been entitled.

2] The slum dwellers who are entitled to get benefits of the scheme framed by the Respondents may approach this court in case their grievance is not redressed. No doubt, PIL can be filed for those persons who are not in a position to approach this court for bonafide reasons. However, the slum dwellers who are entitled to get the benefits of the scheme cannot be said to be the persons who are not in a position to approach this court.

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911. PIL 40-18.doc Petitioner, therefore, cannot be said to be the person, who can approach this court on behalf of such slum dwellers.

3] In that view of the matter, we are not inclined to entertain this Public Interest Litigation. PIL is rejected.

[M.S. KARNIK, J.] [B.R. GAVAI, J.]