Country
Mauritius
Sources
InforMEA
Tagging
Property, Damages, Standing, Permits
Abstract

There had previously been an interim order preventing the respondent from constructions on the Tamarind beach as the applicant meant that the coastline works had tampered with the boundary along the road and the line separating their properties. The matter was then postponed for the respondent to show why an interim order should not be made interlocutory.

On the subject of locus standi, the Court first agreed that the applicant could be allowed to bring the action on the background that it was an environmental case and that the various competent authorities were not acting. The Court however came to the conclusion that the applicant did not have any legal right to require protection pending the trial of the main case. The Court also found that the works were not hindering her in any way. Therefore she was denied standing.

The previous interim order was discharged and the application set aside.