public interest litigation

Wealth Manager

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

 
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Hi.


         Deepa,


                         Public interest litigaton{ PIL} is a important for public .u  can  file a pitition against  builder who constructed that building.PIL is helpful 4 normal person n public.


thanx


with regards


Mis. Smith Sharma{lawyer}


         

 
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n/a

Dear,


madam , we r completlly satisfied with your views that all companies earing gold, in the field of residencial and commercial construction , the couse of high prices began from here , and also luxireous world attech by these companies , so practically its going to be big dream to build a good house, y pls you proceed for this matter.


Ankur Mathur(advocate)


 

 
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Lawyer

Forum Moderator

You can file a writ petition under Artilce 226 of the Constitution of India before the High Court.

 
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DO 1STEP 1.COMPLAIN TO MANUCIPALITY AND FORWARD THE COPY TO LOCAL NEWSPAPER
 
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Advocate

Public Interest petition is filed under Article 226 of the Constitution, and hence generally it can filed against public authorities only. The builder is a private person, hence in general he is not amenable to this petition.


What you are saying is a violation of building law- which should be tackeled as per the ordinary law. Look into the ordinary building laws applicable there, and you will find provision where a person can make complaint to the authorities, or even to courts. In any case, for public nuisance criminal compaliant can be filed.


If however, despite your complaint to municipality, no action is taken by them- you can file a petition against them. Before approaching the High Court under Article 226, all other remedies ahould be exhausted. In fact many a times, a pending petition in High Court becomes a excuse for public authorities not to take any action saying that issue is pending in High Court.

 
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advocate

in addition please see the following ratios in these citation hope these prove beneficial to you


AIR 1989 SC 549/1996 Andhra Law Times 121


Mr Prakash is absolutely right,by making the Munical authorities party to the proceeding you can make the promotors private respondents.and invoke 226

 
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