The Court disposed of the PIL asserting that rain water blockage claims do not justify further orders. Plans approved storm drains and societies agreed to rain water harvesting with state aid.
Petition dismissed; authorities to provide storm water drains; societies to implement rain water harvesting.
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.83 OF 2009
Reji Abraham.
..Petitioner.
v/s.
The State of Maharashtra & Ors.
..Respondents.
Mr.Vijay Gharat for Petitioner.
Mr.R.P.Behere for Addl. G.P. for State.
Mr.Milind Sathe i/b. Chandrakant Chavan for Respondent No.6 and 7.
Mrs. Geeta Joglekar for BMC.
Ms.Jerestina Sidhwa i/b. Mrs. Anita Acharya for Respondent No.5.
CORAM:- SWATANTER KUMAR,CJ. AND A.M.KHANWILKAR, J
DATED :- SEPTEMBER 24, 2009.
P.C.:
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Court or keeping this Petition pending in this Court particularly in view of the statement made on behalf of the private Respondents as well as the State. It is stated on their behalf that the construction plans which have been duly approved make provision for construction of storm water drain. That shall be provided before issuance of occupation certificate to the said buildings. It is also agreed by the three societies that they shall collectively make provision for Rain Water Harvesting in the buildings to be constructed, if necessary, the Municipal Authorities and the State Government shall extend necessary help in that regard. In view of the statement made, nothing survives for consideration in the Petition. The same is disposed of on the above terms.
CHIEF JUSTICE
A.M.KHANWILKAR, J
1 issue framed by the court
Whether the dispute over rain water blockage justifies keeping the PIL pending or further orders.
Reji Abraham
The State of Maharashtra
Societies
BMC
Swatanter Kumar
A.M. Khanwilkar
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
