SIMPREET SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of this Public Interest Litigation, petitioners have prayed that the impugned building be demolished since the same is constructed in CRZ-1 and has been constructed in violation of series of laws. It is also prayed that the possession of the land in question be taken since there is a violation of conditions on which the exemption was granted. It has also been prayed that deletion of reservation of land from 'Art Gallery' be declared as illegal and the respondent No. 11 who is the owner of the premises, should be directed to pay compensation regarding the damage caused to the environment.

(2.) Learned Counsel for the petitioners submits that petitioners are social workers. The grievance of the petitioners is that respondent No. 11 who is a Film Star, has constructed a bungalow namely "Mannat", by committing 32 violations of laws and the building is constructed in violation of Coastal Regulation Zone and the construction is in violation of Statutory Heritage Regulations, as initially there was a reservation for Art Gallery in the portion of the plot, which was subsequently deleted and the withdrawal of the reservation was not proper. The petitioners have given notice to the respondents through their Advocates in April, 2008. Learned Counsel for the petitioners states that he is not aware as to whether in the same line, there are some other buildings are constructed or not.

(3.) During the course of hearing, Mr. Khambatta, learned Counsel appearing for respondent No. 11 contended that the above PIL is not a genuine petition, but it is a publicity interest litigation, as according to him in connection with this very building, a writ petition was filed before this Court by other petitioners, which was dismissed by the Division Bench of this Court. At this stage, it would be appropriate to reproduce the order passed by this Court (Coram : R.M. Lodha, as His Lordship then was & Anoop V. Mohta, J.) in Writ Petition No. 2214 of 2005 dated 22-2-2006, (Cyril Macwan Vs. BMC & Ors.).