Jan Sahayog Samajik Sanstha v. Municipal Corporation Of Greater Mumbai And 4 Others

VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION (L) No. 141 OF 2014 Jan Sahayog Samajik Sanstha ...

Petitioner Vs.

Municipal Corporation of Greater Mumbai & Ors.

...

Respondents *** None for the Petitioner.

None for the Respondents.

*** CORAM : V. M. KANADE, & Smt. SWAPNA S. JOSHI, JJ.

DATE : SEPTEMBER 6, 2016 PC.

.

None appears on behalf of the Petitioner. By this petition / 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 a mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction under Article 226 of the Constitution of India calling for the records, in respect of M/s. 1 / 3

Kennelworth Mall, situated at Plot No. 505, 506, C.T.S. No. F-137, 138 of village Bandra, T.P.S. III, 33rd Road, Linking Road, Bandra West, Mumbai - 400 050.

(b) This Hon'ble Court be pleased to issue a writ of mandamus or writ in the nature of mandamus or any other appropriate writ order or direction under 226 of the Constitution of India directing the Respondent Nos. 1 to 4 to produce the action papers in respect of M/s. Kennelworth Mall, situated at Plot No. 505, 506, C.T.S. No. F-137, 138 of village Bandra, T.P.S. III, 33rd Road, Linking Road, Bandra West, Mumbai - 400 050.

(c) Pending the hearing and final disposal of the suit the Respondent No. 5, their servants, agents and or any persons claiming through him be restrained by an order of injunction by this Hon'ble Court from putting up any further unauthorised construction at M/s. Kennelworth Mall, situated at Plot No. 505, 506, C.T.S. No. F-137, 138 of village Bandra, T.P.S. III, 33rd Road, Linking Road, Bandra West, Mumbai - 400 050.

(d) Interims and ad-interims in terms of prayers a to c. (e) For the cost of the petition.

2 / 3

(f) For such other and further reliefs as the nature and circumstances of the case may require."

2.

In our view, there is no public interest involved in this PIL. Reserving the right of the Petitioner to approach an appropriate forum, PIL is disposed of.

Sd/- Sd/- [Smt. SWAPNA S. JOSHI, J.] [V. M. KANADE, J.] Vinayak Halemath 3 / 3