In this PIL concerning unilateral installation of barricades on a public road without notice, the Court directed parties to appear before the Collector for a hearing to determine the continuing of the arrangement, disposing of the petition on these terms.
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.
PIL.138.2008.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE
PUBLIC INTEREST LITIGATION NO. 138 OF 2008
Dattatraya Sudhakar Kawathekar & Ors. :- Petitioners versus The State of Maharashtra & Ors. :- Respondents
Mr. Uday Warunjikar, with Mr. Ajay Joshi, for the Petitioner. Mr. Nitin Deshpande, AGP, for Respondent Nos. 1, 2, 3 and 5. Mr. Sarang Aradhye, for Respondent No. 4.
CORAM:- A.M.KHANWILKAR & SMT.V.K.TAHILRAMANI,JJ.
DATED:- OCTOBER 5, 2012
P.C.:-
The grievance made in this Petition is about unilateral
action taken by the Authorities in installing barricades on public road. No public notice in this behalf was given, much less to the persons who were likely to be affected by the said act.
taken a stand that it is not responsible for the installation of the barricades. The stand of the Police Authorities, however, appears
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J.V.Salunke,PA
PIL.138.2008.doc
to be that the barricades have been installed by the Municipal Council on their instructions, for security reasons. As aforesaid, the Municipal Council has disowned having installed the barricades at the stated location.
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J.V.Salunke,PA
PIL.138.2008.doc
6) Petition disposed of on the above terms.
(SMT.V.K.TAHILRAMANI,J.) (A.M.KHANWILKAR,J.)
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J.V.Salunke,PA
3 issues framed by the court
Whether a PIL concerning the installation of barricades on public road without notice requires immediate relief.
Whether the Collector may be handed over the matter to provide a procedural hearing to the parties.
How the court should dispose of the petition while ensuring a post facto hearing on the imperativeness of the barricades.
Dattatraya Sudhakar Kawathekar & Ors.
The State of Maharashtra
A.M.KHANWILKAR
V.K.TAHILRAMANI
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