Dismissed

Pannalaji Bhimraj Surana and Ors. v. the State of Maharashtra and Ors.

Bombay HC21 Nov 2007PIL/123/2005

Case brief

AI extract

What is this about?

In this PIL regarding the ban of diesel-driven APE rickshaws in Solapur and Pimpari-Chinchwad due to pollution, the Court found that sufficient remedial actions have been taken by authorities, including imposition of fines and booking of offenders. Accordingly, the petition was disposed without issuing a mandate.

What did the court decide?

Manifest dispositions; the Court was satisfied with the remedial measures taken and disposed of the petition without grants of mandamus.

Pannalaji Bhimraj Surana and Ors. Vs the State of… — Environment and Pollution | Bombay HC (2007)

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bsb

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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APPELLATE CIVIL JURISDICTION

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PUBLIC INTEREST LITIGATION NO. 123 OF 2005

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Shri Pannalalji Bhimraj Surana & ors. ... Petitioners

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V/s

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The State of Maharashtra & ors.... Respondents

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Ms. Leena Patil i/by Mr. P.M.Pradhan for the
petitioners.

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Mr. N.P.Deshpande, A.G.P. for respondent Nos. 1, 2, 4
to 7, 9 and 10.

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Mr. Nitin Jamdar for the respondent No.8.

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SMT. NISHITA MHATRE, JJ.

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DATED: 21ST NOVEMBER, 2007.

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P.C.:

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1. This petition has been filed seeking a mandamus
against the respondents to ban 3-seater diesel driven
APE rickshaws plying within the city, corporation and
council limits of Solapur and Pimpari-Chinchwad. The
thrust of the petition is that these rickshaws cause
environmental pollution and are therefore hazardous to
health.

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2. An affidavit has been filed by the Assistant

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Regional Transport Officer, Solapur indicating the
remedial measures taken by the Road Transport Office.
The Inspector of Police, Traffic Branch, Solapur City
has also filed a similar affidavit. Besides these
affidavits, there is an affidavit filed by the Deputy
Road Transport Officer, Solapur indicating the stringent
measures taken against those who ply such auto-rickshaws
in violation of law. Fines have been imposed and
collected and a large number of offenders have been
booked.

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3. These affidavits indicate that sufficient remedial
measures have been taken by the respective authorities
to ensure that diesel driven APE auto-rickshaws do not
ply within the municipal limits so that pollution is
controlled in a large measure. We are satisfied with
the action taken by the authorities. We expect that
such measures are taken as an on going process.

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4. In view of the above, the petition is disposed.

Pannalaji Bhimraj Surana and Ors. v. the State of Maharashtra and Ors.

Case brief

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Pannalaji Bhimraj Surana and Ors. v. the State of Maharashtra and Ors.

Case brief

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