Petitioner, a corporator, challenged construction of two buildings on Gaffar Khan Road alleged to obstruct a nallah under SRA scheme. Court held objection unsupported by evidence and dismissed petition.
Petition dismissed; construction of buildings on Gaffar Khan Road is sustained.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
PIL Writ Petition No.12 of 2006
Sanjay G Agaldare .. Petitioner. vs The State of Maharashtra & Ors. ..Respondents
Mr.F.L. Berarwala with Ms Rohini Dandekar i/b M/s Berarwala & Co for petitioner.
Mr. E.P.Bharucha with Ms Priti Purandare for respondent Nos. 2 to 7 Mr. Y.S. Jahagirdar, Senior Advocate, with Mr. S.G.Surana for respondent no. 8
Mr K.R. Belosey Govt Pleader for respondent Nos.1 and 9 Mr. Vijay Pandey i/b Mr V.S Jabra for respondent Nos. 10 and 11.
CORAM: H.L.GOKHALE, Acg C.J.,& V.M. KANADE J. DATE: JANUARY 17, 2007.
P.C.:-
Heard Mr.Berarwala in support of this petition. This
petition was initially filed by two persons, out of whom the first petitioner later on came to be deleted. The second petitioner is stated to be a Municipal Corporator and he has challenged the construction of two buildings on Gaffar Khan Road. The main objection is that it is supposed to be coming on a nallah. This objection has been explained by Mr. Bharucha, learned counsel for the Municipal Corporation that the building is not coming on any nallah. Two buildings are being constructed under the SRA scheme as permitted under the Development Control Regulation 33(10). One building is for erstwhile slum dwellers
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wherein 5 quarters are retained for Municipal Corporation Officials and other building is of course for private component,
without which such a scheme cannot work.
There is no reason to entertain this petition. Petition is dismissed accordingly.
ACTING CHIEF JUSTICE
V.M.KANADE, J.
1 issue framed by the court
Whether buildings constructed under SRA scheme on Gaffar Khan Road, alleged to be on a nallah, should be quashed.
1 provisions across 1 enactments
Sanjay G Agaldare
The State of Maharashtra
H.L.GOKHALE
V.M. KANADE
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
