Mumbai: Can PIL be entertained only for highlighting alleged irregularities, HC asks Somaiya

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The Bombay High Court on Wednesday asked BJP leader Kirit Somaiya if it could entertain his PIL regarding a property owned by Shiv Sena (UBT) chief Uddhav Thackeray's wife merely because it claims to highlight alleged irregularities.

Somaiya's public interest litigation sought a court-monitored investigation into a property owned by Thackeray's wife Rashmi Thackeray at Alibaug in coastal Maharashtra. It also sought that "disclosure reports" about the probe be submitted to the court periodically.

The petition alleged that the property was constructed in violation of the Coastal Regulation Zone rules.

When the plea came up before a division bench of Chief Justice D K Upadhyaya and Justice Arif Doctor, the court asked how could it grant such a relief.

"Disclose for what purpose? If somebody has erred in law then there can be some action, there could be consequences. If an illegality is found, then it can be punished or prosecuted. Merely for highlighting irregularity, petitions cannot be entertained," the bench said.

"A petition for academic purposes without there being a cause, can we entertain?" Chief Justice Upadhyaya asked.

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Senior advocate Rajeev Kumar, appearing for Somaiya, said the court's intervention was needed to determine the true nature of illegalities and irregularities.

The petition claimed that Somaiya wrote to the state and local authorities demanding action when the Uddhav Thackeray-led Maha Vikas Aghadi government was in power in Maharashtra, but no steps were taken by the authorities.

The high court, however, pointed out that he had alternative legal remedies available.

The PIL will be further heard on January 17, 2024.

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