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Rakesh Kumar (none)     15 June 2011

PIL in Supreme Court against Agra Development Authority

Following are the details of my case

1) I purchased a flat in a group housing scheme in Agra in 2007. The posession of the said flat will be given in 2012.

2) In a recent development the builder of the group housing scheme has decided to construct a shopping mall within the confines of the group housing society. The construction of the shopping mall has just started.

3) After studying the construction plan and the actual construction site It is very clear to me and several other members of this group housing scheme that

a) the construction of the shopping complex is in violation of National building code/ building bylaws.

b) if the shopping complex is constructed it will block the "means of access" of the resedential towers. This means in case of fire in the resedential tower the fire brigade cannot attend to it effectively as there is little apce. Building Bye laws stipulate 12 Meters space builder has given only 6 Meters space.

c) countless lives will be lost in case of fire if the shopping complex is allowed to be constructed.

d) Agra development authority has made a mistake in approving this plan. We suspect wrongdoing on the employees of the authority who are directly responsible for approving the plan. Even some of the employees agree with us that there is some wrong doing. the violation is apparent on the face of it.

Can I or any other member of the group housing scheme file a PIL against Agra Development Authority in Supreme court and make the builder one of the respondents?

Does Apex court entertain such complaints where the safety of the public is jeopardised due to negligence of the authority?

Do I need to be registered society to file PIL or any person from general public can file PIL?

Will the Supreme court entertain such PILs against agra develoment authority or it can only be filed in Allahabad HC?

Please advice.



Learning

 1 Replies

ravi shankar sharma (advocate)     04 July 2011

dear mr. kumar,

in response to your query i must tell u first of all u alonwith other members of the society apprise to Agra development authority for the same in writing to show ur worthy steps in this regard as hon'ble court will ask u about ur conduct in this regard while filing PIL. there must be a request regarding the compliances of the national building code/building bye-laws for a provision of 12 mtrs road.

you have brought a good case as it deals with public at large.

there are no such mandatory conditions regarding filing of PIL, any one can raise his vice in public interest.

Yes u can make them respondent in ur PIL.

Filing PIL in allahabad high court shall be appropriate as per your case but not must as per my view.

Regards

Adv. R S Sharma

Mob.09891129476


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