Allowed

Wecom Trust and 2 Anr. v. Union of India and 5 Ors.

Bombay HC9 Sept 2010NMW/484/2010

Case brief

AI extract

What is this about?

This notice of motion seeking restoration of Shivaji Park and parking arrangements was allowed subject to conditions requiring filing of undertakings by officials to restore the park by September 30 and submit alternate parking plans by October 21.

What did the court decide?

Notice of Motion allowed subject to conditions of restoring the park by September 30, 2010 and submitting alternate parking plans by October 21, 2010.

Wecom Trust and 2 Anr. Vs Union of India and 5 Ors. — Environment and Pollution | Bombay HC (2010)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDINARY ORIGINAL CIVIL JURISDICTION

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NOTICE OF MOTION NO. 484 OF 2010 IN PUBLIC INTEREST LITIGATION NO. 116 OF 2009

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Wecom Trust and others ).. Petitioners

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Versus

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The Union of India (Through Ministry of Environment) ) and others ).. Respondents

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Mr. Virag Tulzapurkar, Senior Advocate, with Mr.F. Palkhiwala and Ms.Sowmya Srikrishna i/b Udwadia & Udeshi for the petitioners. Mr. H.V. Mehta for respondent No.1.

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Mr. D.A. Nalawade, Government Pleader, with Mr. M.D. Naik, Assistant Government Pleader, for Respondent Nos.2 and 3. Mr. K.K. Singhvi, Senior Advocate, with Mrs. V.S. Gharpure for Respondent Nos.5 and 6.

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CORAM : MOHIT S. SHAH, C.J. AND DR. D.Y. CHANDRACHUD, J. Friday, September 9, 2010

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P. C. :

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Having heard the learned counsel for the petitioner, the learned Government Pleader and learned counsel for the Municipal Corporation of Greater Mumbai and the Municipal Commissioner, we allow this Notice of Motion in terms of prayer (a) subject to the following conditions :

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(I) The Municipal Commissioner, Municipal Corporation of Greater Mumbai as well as the Commissioner of Police,

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Greater Mumbai of Greater Mumbai shall file separate undertakings before this Court by 14^th September 2010 undertaking as under :-

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(a) that they shall earmark areas which will be permitted to be used for parking;

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(b) that they shall restore the Shivaji Park area to its original condition for the purpose of enabling the people to use the Shivaji Park for sports activities and for other purposes for which the park is meant: by 30 September 2010;

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(c) that they shall submit alternate plans for parking of vehicles at other places as and when Shivaji Park area will be used for any festival including the Ganesh festival. Such alternate plans shall be submitted to this Court by 21^st October 2010.

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Notice of Motion disposed of accordingly.

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List Public Interest Litigation No.116 of 2009 on 21^st October 2010.

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Parties to act on the authenticated copy of this order.

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CHIEF JUSTICE

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DR. D.Y.CHANDRACHUD, J.

Wecom Trust and 2 Anr. v. Union of India and 5 Ors.

Case brief

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Wecom Trust and 2 Anr. v. Union of India and 5 Ors.

Case brief

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What the court decided

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