Page 1 of 2 12 LastLast
Results 1 to 8 of 9
  1. #1
    Posts
    4
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quoted
    0 Post(s)

    Illegal slums RTI


    Hi!!!

    I am new to RTI. I want to file a PIL against the stay order acquired by the local corporator Sheetal Mahtre on the slums adjoining the Dahisar Versova Link Road behind the IC Colony, Borivali West. When the construction of the road started there were hardly 40-50 slums and now that has gone upto 1000s. I am also in the process of acquiring an satellite image from GoogleEarth which clearly show the # of slums.

    Here are the details I want to know:

    1. Case details on the stay order eg: Case #, Court where the case is filed.
    2. On what basis was the stay order issued.


    Thanks & Regards


    › Find content similar to: Illegal slums RTI



  2. #2
    Posts
    296
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quoted
    0 Post(s)

    Re: Illegal slums RTI


    KIndly intimate as to which Court has granted stay in the matter. Secondly, since the matter is under the adjudication in a particular court, I am of the opinion that the PIL is not sustainable. The better course is to file an application for the vacation of stay in the same court alongwith application for impleading you as a party in the matter and if the stay is not vacated, then the appeal may be filed. the only thing is that you have to prove your locus stadi in the matter

  3. #3
    Posts
    4
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quoted
    0 Post(s)

    Re: Illegal slums RTI


    Thnx for the reply. I am new to this so excuse me if I sound dumb

    The case is in the Borivali west court but not sure if its with Session or High Court. thats the reason I wanted to know if I can use RTI to find the case details.

    Also I didnt quite get what u meant by "proving my locus stadi in the matter"?

    thanx and regards,
    happy diwali

  4. #4
    Posts
    296
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quoted
    0 Post(s)

    Re: Illegal slums RTI



    Happy Diwali
    First of all, you need not to excuse as everybody does not knowing everything. Since you have joined a very good forum, you will understand the finer points of the Act in the times to come.
    I am discussing "locus stadi in the matter". It means as to how you are related or interested in the matter. If you have no link with the matter, you can not interfere in the particular matter pending in any court. In case PIL also, it is pleaded that the person filing PIL is a public spirited person and he has a great interest in the welfare of the public. In civil matters e.g. property dispute matters, only the persons amongst whome, there is a dispute, can approach a court. If a person has no link in the property or is not going to be effected by the decision can not be a party to the dispute.
    Secondly, since you do not know as to which court has granted stay, it may be difficult to obtain details from the court. The better option is to knock at the door of district administration (D.C office) or Urban Development department, which ever is closely related to the problem. You may file an application under RTI to know as to whether there is any stay order or which court has granted it or othe related questions. One of the best point of the Act is that if you make application to the wrong Public Authority, even then the Public Authority is bound to transfer your application to the Public Authority closely related with the case within a period of 5 days.
    I think this will serve your purpose and in case of any difficulty, you may revert back.
    Have a nice time.

  5. #5
    Posts
    6,775
    Name:
    Ganpat
    Mentioned
    10 Post(s)
    Tagged
    3 Thread(s)
    Quoted
    2 Post(s)

    Re: Illegal slums RTI


    Quote Originally Posted by casperama View Post
    Also I didnt quite get what u meant by "proving my locus stadi in the matter"?
    In simple language Locus Standi means the right of a person to appear before a court of law. In the instant case, since you have been advised to get the stay obtained by another person vacated, you have to establish before the court that a wrong or harm has been caused to you on account of the stay and unless the stay gets vacated the harm caused to you cannot be set right. For that you have to establish your interest in the case quote sufficient and valid reasons for seeking the vacation of the stay. Otherwise the court will rule that you lack the standing to bring about such a suit and the case will be dismissed.

    To put it in a nutshell, you have to establish in your petition three main points:
    1. That you have suffered or will suffer an injury or harm - an invasion of a legally protected interest which is concrete and not abstract. This injury could be physical as well as economic.

    2. There must be a reasonable cause between the injury and the earlier stay order, so that the injury is fairly traceable to the stay order granted earlier by the court.

    3. It must be likely that only a favourable decision of the court by vacating the stay alone can redress the injury/harm caused to you.

    These three ingredients should be a part of your petition before the court, if you are seeking vacation of the stay by impleading yourself as a party to the case.
    Defeat is not final when you fall down. It is final when you refuse to get up.

  6. #6
    Posts
    4
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quoted
    0 Post(s)

    Re: Illegal slums RTI


    thnx both of you for the help.

    vivek: the stay is on the part of slum area which is in the vicinty that I live in. the slums dwellers soil the road, throw garbbage on the dividers, conduct their own market in the evening added to that autorickshaws tempos and trucks are parked on all sides of the road rendering it partically useless and un-healthy to travel on. I am also in process of acquring a satellite imagery on the same area which shows the that slums were non-existent prior to year 2000 on the basis of which the stay order was acquired. as we all know how easy it is for these slum dewellers to get a ration card that show incorrect information. is this enough for me to be considered a part???

    thnx and regards.

  7. #7
    Posts
    296
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quoted
    0 Post(s)

    Re: Illegal slums RTI


    Yes. I think you have good locus standi for intervening in the matter. Since you are one of the affected person and you have the direct interest in the outcome of the matter pending for adjudication, you can approach the concerned court.

  8. #8
    Posts
    4
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quoted
    0 Post(s)

    Re: Illegal slums RTI


    hey!! that helps a lot. ofcourse this would happen once I find the details about the case but if I have to approach the court to vacate the stay order, can approach personally or do I need to hire a lawyer and if needed is there any specific field lawyer as such??? like there are corporate or criminal lawyers????

    HAPPY DIWALI: hope this diwali fills your life with lights for the future

Page 1 of 2 12 LastLast


About RTI INDIA

    RTI INDIA: Invoking Your Rights. We provide easy ways to request, analyze & share Government documents by use of Right to Information and by way of community support.

Follow us on

Twitter Facebook youtube Tumblr RTI Microblog RSS Feed Apple App Store Google Play for Android