Can we file a Public Interest Litigation at Hon. Bombay High Court to seek direction for execution.
Farooq Chhapra
(Querist) 25 December 2010
This query is : Resolved
Sir, We are a group appearing at Thane Municipal Corporation’s Lokshahi Din for our grievances, on every Lokshahi Din an interim decision are delivered by the presiding officer but, they are not being executed at the ward level.
It has been over two years we are appearing at the respected Forum of Lokshahi Din to take course of action to demolish an unauthorized seven storied tower built upon our piece and parcel of land without our concern. It was ordered by respected commissioner in favour of my Lokshahi Din application under token No. 1385 dated 03rd November, 2009, in which the respect commissioner has delivered the following order: -
1). AMC must issue the notice u/s 268
(5)of BPMC Act 1949.
2). Water supply must immediately be
disconnected.
3). Electric supply must be disconnected.
4). Register an offence u/s 52 of MRT.
5). Complete due process of law and erase
the unauthorized building up to
ground.
Due to my application action take: -
1. Notice U/s 260 (1) (2) (3) of BPMC act
is served to the builders On 06/04/2009
2. Notice U/s 267 (1) (2) of BPMC act is
served to the builders.On 06/04/2009
3. Notice U/s 53, 54 and 55 of MRTP act
is served to the builders On 06/04/2009
4. FIR U/s 52 of MRTP act is registered
upon the builder On 16/06/2009
5. FIR U/s 52 of MRTP act is registered
upon rest of the partners of the
builder On 30/07/2010
6. Notice under Sub Section (1),(2),(3),
(4), of Section 268 of BPMC Act,
to evacuate the premises is served in
the name of builders and occupants On
29/12/2009
7. Notice under Sub Section (5), of
Section 268 of BPMC act, to forcefully
Evacuate the premises is served to
Mumbra Police On 29/12/2009
8. Assessment tax of the building is
partly cancelled.On 15/02/2010
All the due process is completed long time back but, thereafter the TMC and Police are not taking any action, therefore, Can we file a Public Interest Litigation at Hon. Bombay High Court to seek direction for execution of the interim decision delivered by the respected Forum of Lokshahi Din? Can we seek direction for issuance of final decision by the respected Forum of Lokshahi Din?
Is it not mandatory on the part of TMC to execute their own order decided at their own Respected Forum of Lokshahi Din.
Can any body help.
Thank you.
R.Ramachandran
(Expert) 26 December 2010
PIL can be filed only by those persons who have no personal interest in the matter. However, it is seen that you are personally interested in the matter and you are already in litigation. While you may have other legal course of action to achieve your ends, in my opinion PIL by you for this purpose would be frowned upon by the Court.
