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LEGAL FRAMEWORK OF CONSTRUCTION MANAGEMENT

Subject: Assignment Submitted to: Prof. S.Ramarao Submitted by: STP Sri Phanindra (G06173)

NATIONAL INSTITUTE OF CONSTRUCTION MANAGEMENT, GOA

1) Distinguish between Writs, PIL and RTI petitions. Quote 5 relevant examples for the said petitions? Sol:- a) Writs: A writ is a formal written order issued by a body with administrative or judicial jurisdiction. Under the Indian Legal system, jurisdiction to issue prerogative writs is given to the Supreme Court. Part of the law relating to writs is set forth in the constitution of India. Type of Writs: Writ of Prohibition issued by a higher court to a lower court prohibiting it from taking up a case because it falls out of the jurisdiction of the lower court. Writ of Habeus Corpus is issued to a detaining authority, ordering to detainer to produce the detained person in the issuing court Writ of Certiorari is issued to a lower court directing that the record of a case be sent up for review, together with all the supporting files, evidence and documents. Writ of mandamus is issued to a subordinate court, an officer, or a corporation commanding the performance of certain act or duties. Writ of Quo Warranto is issued against a person who claims or usurps a public office.

B) PIL (Public Interest Litigation): Article 32 of the Indian Constitution contains a tool which directly joins the public with the judiciary called a PIL. A PIL may be introduced in a court of law by the court itself, rather than the aggravated party or a third party. It is not always necessary for the victim of the violation to personally approach the court. The right to file a suit is given to a member of the public through judicial activism. Examples: 2008, common cause (NGO) V Union Of India, AIR 2008 SC 2116. Petitioner filed PIL praying to court to enact a Road Safety Act in view of the numerous accidents. 2006, Prof. Prathibha Nathani of St. Xaviers college against public cable television agencies. 1981, Anil Yadav V State Of Bihar against the brutality of police in public riots. Citizen for democracy V State of Assam against forcing handcuffs on Prisoner in the jail. Raunak International Ltd V IVR construction Ltd stating when a stay order is obtained, any interim order which stops the project from proceeding must provide reimbursement of costs to the public.

c) Right To Information: It is an act of the parliament of India to provide for setting out the practical regime of right to information for citizens. Under the provisions of the act, a citizen may request any

information from a public authority which is required to reply expeditiously or within thirty days. The law was passed in June 2005 and was fully effective from October 2005. RTI against educational institutions on reasons for non-compliance with anti-ragging laws. RTI against municipal corporations in case of requirement of information for educational research RTI against government processing agencies demanding information on delays.

2) Distinguish between Unconstitutional activity and Illegal activity. Quote 10 Unconstitutional and Illegal activities. Sol:- Unconstitutional activity:- Unconstitutional means that a law is not in compliance with the constitution. That does not mean that anyone will be charged with criminal activities. It usually means that a law is no longer valid and anyone charged under that law will not be prosecuted and any conviction will be overturned. Illegal activity:- Illegal means that one is breaking the law. Examples: Disturbing public worship, Bribery of judges or receiving the bribe, Prison breaking, Challenges to fight a duel, Public indecency, Drunkenness, Gambling, Illegal lotteries, Poisoning with intent to murder and kidnapping.

3) What other Legislations / Acts / Laws do you suggest based on the Guidelines of the Directive Principles of State Policy? Sol:- Directive Principles Of State Policy The Directive Principles of State Policy, embodied in Part IV of the Constitution, are directions given to the State to guide the establishment of an economic and social democracy, as proposed by the Preamble. They set forth the humanitarian and socialist instructions that were the aim of social revolution envisaged in India by the Constituent Assembly. The Directive Principles may be classified under the following categories: ideals that the State ought to strive towards achieving; directions for the exercise of legislative and executive power; and rights of the citizens which the State must aim towards securing. Laws/acts/legislations based on the directive principles of state policy: i. Article 39 lays down certain principles of policy to be followed by the State, including providing an adequate means of livelihood for all citizens, equal pay for equal work for men and women with proper working conditions.

ii.

Articles 4143 mandate the State to endeavor to secure to all citizens the right to work, a living wage, social security, maternity relief, and a decent standard of living. These provisions aim at establishing a socialist state as envisaged in the Preamble.

iii.

Article 43 also places upon the State the responsibility of promoting cottage industries, and the federal government has, in furtherance of this, established several Boards for the promotion of khadi, handlooms etc., in coordination with the state governments.

iv.

Article 45 originally mandated the State to provide free and compulsory education to children between the ages of six and fourteen years, but after the 86th Amendment in 2002, this has been converted into a Fundamental Right and replaced by an obligation upon the State to secure childhood care to all children below the age of six.

v.

Article 47 commits the State to raise the standard of living and improve public health, and prohibit the consumption of intoxicating drinks and drugs injurious to health.

4) Case : You are a qualified Civil Engineer. You have applied for the license to be enlisted as a Contractor. There has been an undue delay in processing your application. Advice yourself remedies to overcome the delay in processing your application by the concerned Department. Sol:- File a Writ Petition: Writs are the petitions filed by individuals/corporates and other persons for reliefs in their own causes.(see Articles 32 and 226 of the Indian Constitution) Whereas the PILs are applications filed by any citizen for remedying the hardships faced by the public at large. PIL is not defined in any Statute. It is the outcome of judicial activism to take cognisance of a cause at the instance of any person (whether he is personally affected or not) affecting the public at large. It is an exception to the doctrine of Locus Stand applicable to actions in courts of law. i. ii. Go to Supreme Court of India website. Find Judgement of 2010 which says that "To get license from concern department without any delay is a Fundamental Right. Now file writ petition in High Court. Say that you are not getting license from concern department after submitting the proper documents. Show High Court judgement which says that getting license from concern department without any delay is a Fundamental Right. Then, show that though you wrote repeated letters to authority, no one is taking proper steps.