Petitioner sought direction via Public Interest Litigation to notify the Revised Development Plan of Karad City. Court held the mandate does not survive as RTI disclosure confirms matter is pending.
Petition stands dismissed as the matter for notification is under process.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO. 108 OF 2008
Shabbir Gulab Bhaldar ... Petitioner
Versus
State of Maharashtra & Ors. ... Respondents
Mr. P.B.Deo for the petitioner.
Mr. P.M.Patil, AGP, for the respondents.
CORAM: J.N.PATEL &
R.V.MORE,JJ.
DATE: 18th February, 2009.
P.C.
1. This is a petition filed by a citizen who is
residing at Karad seeking direction of this Court under
public interest to the Government to notify the Revised
Development Plan. The petitioner has annexed a
communication addressed to the Secretary, Yashwant
Vidyapeeth Karad, District Satara, which was in response
to an application under Right to Information Act, 2005
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wherein it has been stated that the matter is under
process. Therefore, the relief sought for by the
petitioner to issue a Writ of Mandamus against the
respondents to take decision on the Revised Development
Plan of Karad City does not survive. Needless to state
that the competent authorities in the Ministry of Urban
Development, Government of Maharashtra will consider the
Revised Development Plan of Karad City and take a
decision in the matter within the four corners of the
statutory provisions under the M.R.T.P. Act as
required.
. With the aforesaid observation, the Petition
stands dismissed.
(J.N.PATEL,J.)
(R.V.MORE,J.)
1 issue framed by the court
Whether a Writ of Mandamus can be issued to the Government to notify the Revised Development Plan when the matter is under process per RTI response.
2 provisions across 2 enactments
Shabbir Gulab Bhaldar
State of Maharashtra
J.N.PATEL
R.V.MORE
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