Bombay HC Dismisses PIL Against Kandivali SRA Building As 'Abuse Of Law'; ₹1 Lakh Cost Imposed On Journalist

Mumbai: The Bombay High Court on Tuesday dismissed a public interest litigation (PIL) filed by a journalist seeking demolition of a six-wing building constructed under a Slum Rehabilitation Authority (SRA) scheme in Kandivali (East), terming it an “abuse of the process of law.” The court imposed a cost of Rs 1 lakh on the petitioner, noting that the matter had already been adjudicated.

The PIL was filed by electronic media journalist Ankush Jaiswal, who alleged serious irregularities in the Bandongri Ekta Cooperative Housing Society project. He claimed the construction violated a 2021 National Highway Authority (NHAI) NOC mandating a 45-metre setback, but the building was constructed only 30 metres from the highway’s centre.

He also alleged violations of fire safety norms, misuse of government land, and encroachment on a planned 18-metre-wide road, leaving only 5 to 7 metres of space.

However, Chief Justice Alok Aradhe and Justice Sandeep Marne pointed out that a similar petition filed by Jaiswal in 2019 had been dismissed in September 2022. “The aforesaid decision binds the petitioner in the instant PIL on principle of res judicata (a matter judged). There is no element of public interest,” the bench held.

The judges were critical of Jaiswal’s motives and timing, noting that he lived in the same area and that his father had been allotted a flat in the same project. “You want the slum dwellers to come on the streets?” the court asked, adding, “You say it’s dangerous to live there, yet you’re staying?”

They noted that Jaiswal had failed to add any of the rehabilitated slum dwellers or his own family members as respondents to the PIL. His father was allowed a flat and also purchased another flat. His mother’s application was rejected.

Considering that any order passed in the PIL would affect them, it was necessary to add them as respondents, HC said. The PIL was dismissed with costs. The amount was adjusted from the Rs 1 lakh Jaiswal had already deposited pursuant to an earlier order. The amount is to be paid to the Maharashtra State Legal Services Authority.

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