Dismissal of Public Interest Petition Due to Non-Joinder of Necessary Parties and Procedural Deficiencies.


15 January 2024 Public Interest Litigation >> Constitution & Law Procedure  

The petition of Bhagvanji Raiyani v/s The Municipal Corporation of Greater Mumbai, Mahapalika & Others., was filed in public interest seeking multiple reliefs against illegal constructions, including demolitions, penalties, and prosecutions related to several buildings, including Shubham Building, Sudharma Building, and Adish Building. The petitioner also sought action against a prominent political figure allegedly involved in one of the illegal structures.

The respondents raised a preliminary objection regarding the maintainability of the petition, noting that the petitioner had failed to implead the owners and developers of the mentioned buildings as necessary parties. The petitioner, however, chose not to amend the petition to include these parties, arguing that their inclusion was unnecessary.


 

 

The court raised several concerns, including the lack of necessary parties, non-compliance with public interest litigation (PIL) rules, delayed filing of the petition, and doubts regarding the petitioner's motives. It noted that while the petition was presented as a public interest case, it mainly focused on one individual, the political figure, without properly following the legal requirements for PILs.

The court referred to earlier judgments, including the case of Prabhodh Verma v. State of Uttar Pradesh and State of Uttaranchal v. Balwant Singh Chaufal, highlighting the need for genuine public interest and adherence to proper procedure in PIL cases.

Due to the petition's vague presentation, lack of necessary parties, and possible oblique motives, the court dismissed the petition, emphasizing the importance of well-founded and properly presented public interest litigation.