Read Time: 03 minutes
The High Court dismissed the PIL stating that no relevant documents were placed on record by the petitioner for the faulty design. Further that the the petitioner had not prima facie established the design as faulty, due to which flooding was caused.
A Division Bench of Chief Justice Dipankar Datta and Justice Madhav J Jamdar of the Bombay High Court, dismissed a PIL seeking directions from the court to dismantle a Poisur bridge, Kandivali, and reconstruct it as it was alleged that due to the said bridge, the local people were affected due to flooding.
The petitioner had alleged that the design of the bridge is faulty which further causes flooding. The petition was filed in December 2021. The petitioner also argued that only after the PIL was filed, did the authorities hurry with the construction of the bridge.
The counsel for the respondent submitted that 95% of the bridge was already constructed and the authorities were planning to finish the project by November 2022. The counsel also placed on record the relevant documents and permissions granted by different authorities to construct the bridge.
The Court also questioned the petitioner on the interest of the petitioner in pursuing the Public Interest Litigation, since the petitioner had not appeared before the court on the previous dates.
The court while dismissing the PIL noted that there was no prima facie case established to show that the design was faulty except for a few photographs of the bridge. Further, the PIL was filed by the petitioner with incomplete facts and data which should not be encouraged more so when 95% of the work is completed.
Case Title: Santosh Harishchandra Kanojia vs. Municipal Corporation of Greater Mumbai & Ors
Please Login or Register
