Civil Appl. for amending Writ Petition for Public Law compen
Dr.Mumbiram
(Querist) 12 June 2009
This query is : Resolved
Artist Mumbiram,an Indian citizen, has been married to Nadine Grenz, a german national, since 2002. Their India-born son Hansraj has a German passport. Their application on behalf of Hansraj for a routine 5-year visa extension had been stalled by the Pune FRO and then by the Alibag FRO for a period of 3 and 1/2 years. Also the Alibag FRO had refused to register Nadine for a period of 1 and ½ years thereby making it impossible for her to apply for a further 5-year visa extension..
Encouraged by advice on this forum of Lawyers Club we filed a writ petition in the Bombay High Court under articles 226 and 14 of the constitution making the Govt. of Maharashtra and the MHA Respondents along with the FROs.. Upon the intervention of the High Court the Respondents processed and granted the requested visa extension to Hansraj, without any new documents from the Petitioners, within 6 weeks. Also the Respondents duly registered Nadine Grenz, accepted and granted her application for further 5-year visa extension, also within weeks. It is now clear that the Respondents had stalled the Petitioners’ legitimate requests arbitrarily and oppressively for an inordinately long period for no fault of the Petitioners. It is mentionworthy that Artist Dr. Mumbiram represented personally the Petitioners in the 3 hearings of the case.
In the WP the Petitioners have listed damages suffered by them by being made defaulters in the eyes of law for no fault of theirs thereby depriving them of their ability to travel freely within India, enrol Hansraj in educational institutes etc. The petitioners had asked for compensation for damages at the rate of 5000 Rs. Per day for every day of delay over a reasonable period of 1 year.
As the (interim) relief has been achieved, the Court inquired whether the Petitioners would like to withdraw the Petition. The Petitioners expressed their desire to request for compensation as a Public Law remedy for violation of their Fundamental Right to equal treatment under law, as distinct from compensation for damages in private law in torts. The petitioners asked for leave to amend the Petition for this purpose. The Court thereupon advised the Petitioner to make a ‘Civil Application’ for that at the next hearing on June 24.
How is this Civil Application made ? Is there a format to be followed ? Do we already need to include supporting arguments and quote precedents of SC cases where ‘in appropriate cases’ such compensation has been awarded ? We need the full quotations for the following citations: (Nilabati Behera v State of Orissa, 1993) 2 SCC p758 para 10
.(M.C.Mehta v Union of India , 1987, 1 SCC p.408 para 7)
Could anyone provide us these citations ? Other citations where such a compensation has been awarded recently ?
Guest
(Expert) 30 January 2010
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