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Rakesh Kumar (none)     06 April 2011

Is this PIL maintainable?

Following are the details of my case


1) I am an allotee in a group housing scheme in Agra

2) The builder is building a illegal commercial shopping complex in-front of the residential building within the confines of the group housing complex.

3) The shopping complex is in violation of the building by-laws and fire safety by laws applicable to the region (Agra). I have sufficient proof that serious public injury in the form of loss of life will result if the construction of the shopping complex is allowed.

4) However the plans for the group housing complex including the shopping complex have been approved by the Agra development authority.

5) I have got he construction plans reviewed by Bureau of Indian Standards (BIS) and a few architects and each one of them feel that the convenience shop building is in violation of the by-laws and fire safety by laws. The Agra Development Authority is not giving a straight answer in this respect as they want to hide the wrong-doing. I suspect that they have approved the faulty construction plan after receiving bribes from the builder.

My question is :
1) Can I file a PIL in Hon’ Supreme Court against Agra Development Authority and mark the builder as one of the respondents?


2) Is it possible to get a stay on construction of the shopping complex from the Hon’ Supreme Court after filing the PIL?

 



Learning

 4 Replies

A V Vishal (Advocate)     06 April 2011

PIL is not the proper writ. There are other options.

Rakesh Kumar (none)     06 April 2011

What are the other options. I said PIL beacsue serious public injury to a large number of people may result if the misdeeds of the builder is not stopped. The magnitude of public injury that may result is comparable to UPHAAR CINEMA FIRE DISASTER (DELHI 1996) where hundreds of people were killed and injured.

Rakesh Kumar (none)     06 April 2011

Also once the occupation of the residential buildings start there is very little that the authorities could do. Hence this matter is al very urgent.

Rakesh Kumar (none)     06 April 2011

Sir, Kindly advice what kind of petition should be filed and in which court.


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