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Public Interest Litigation

(Querist) 12 August 2008 This query is : Resolved 
Dear Members,
What are the criteria required to initiate a Public Interest Litigation against a building constructed totally violating building rules. One has constructed a building three times larger than the approval from the Municipality. He has violated Street Rule and Floor Area Ratio and lets all the hospital sewage to flow into the public rain water drainage. Can an affected neighbor go for PIL? For PIL which court should be approached?
Thanks,
Deepa
Srinivas.B.S.S.T (Expert) 12 August 2008
Public Interest Litigation can only be initiated if larger number of people are suffering due to the problem mentioned by you. I mean if all the residents of the street are coming forward to initiate legal action against the Hospital or its owner you can initiate PIL. If that is not the case you can file a civil suit against the hospital as well as the owner of the building by making the municipal corporation also a party. First you obtain the building plan and other permissions sanctioned to that building by local municipality by invoking Section 6 of RTI Act.This information will be useful for you for your legal battle. As they say you have to keep your artilary in postition before waging a war.
Manish Singh (Expert) 13 August 2008
In my view, its not the subject matter of PIL and there are fair chances by the court to dismiss the said PIL and put cost against you.
the remedy available is to lodge a complaint to the Municipality or Dev Auth.
Since the said hospital is causing public nuisance and contributing towards spreading of infectious desease, you can lodge a criminal complaint against it under the IPC.


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