Partly allowed

Nilesh Ramesh Mhatre v. State of Maharashtra, through Secretary and Ors.

Bombay HC11 Jul 2013CAI/185/2013

Case brief

AI extract

What is this about?

Court granted leave to amend Public Interest Litigation to add Welspun Syntex Limited as a respondent. Notice issued. Respondent directed to file affidavit regarding garden plot reservations and tax levies.

What did the court decide?

Leave to amend the PIL to add Welspun Syntex Limited as the sixth respondent. Notice returnable on 26 July 2013. Direction to Fifth Respondent to file affidavit-in-reply clarifying garden plot reserva

Nilesh Ramesh Mhatre Vs State of Maharashtra, through Secretary and Ors. — Bombay HC (2013) — LawSathi Research

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1 of 3 PIL.117.2013

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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PUBLIC INTEREST LITIGATION NO.117 OF 2013

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Nilesh Ramesh Mhatre Petitioner

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versus State of Maharashtra and others

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Respondents

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Ms.Neeta Karnik for Petitioner. Mr.V.P.Malvankar, AGP for Respondents 1 to 3. Mr.A.G.Damle for Respondent no.5.

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CORAM : DR.D.Y.CHANDRACHUD AND S.C.GUPTE, JJ.

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DATE : 11 July 2013

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PC :

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Leave to amend to add Welspun Syntex Limited as Sixth Respondent.

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Issue notice returnable on 26 July 2013. Mr.Damle, learned counsel appearing on behalf of the Fifth Respondent waives service. AGP waives service for Respondents 1 to 3. Humdast permitted in addition.

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We direct the Fifth Respondent to file an affidavit-in-reply clarifying :

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(i) The number of garden plots required to be reserved in Diwan Industrial Estate;

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2 of 3 PIL.117.2013

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(ii) Whether any unauthorized construction has been carried out on any of the garden plots and if so, the details thereof; and

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(iii) The steps which the Fifth Respondent has initiated or intends to initiate in respect of such unauthorized construction.

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The reply shall also clarify whether the property taxes have been levied at a lower rate, as complained in the petition, in respect of the industries concerned in the area. In the meantime, the Fifth Respondent shall not permit any plot, which has been earmarked as a garden plot, to be constructed upon or to be used for any other purpose other than a garden.

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5. Stand over to 26 July 2013.

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(DR.D.Y.CHANDRACHUD, J.)

(S.C.GUPTE, J.)

MST

3 of 3 PIL.117.2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO.185 OF 2013 IN

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PUBLIC INTEREST LITIGATION NO.117 OF 2013

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Nilesh Ramesh Mhatre Applicant versus State of Maharashtra and others Respondents

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Ms.Neeta Karnik for Applicant. Mr.V.P.Malvankar, AGP for Respondents 1 to 3. Mr.A.G.Damle for Respondent no.5.

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CORAM : DR.D.Y.CHANDRACHUD AND S.C.GUPTE, JJ. DATE : 11 July 2013

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PC :

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The Civil Application seeks permission to add Welspun Syntex Limited as the Sixth Respondent. The Civil Application is allowed in terms of prayer clause (b).

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Issue notice to the newly added Respondent returnable on 26 July 2013. Humdast permitted. In the meantime, the First, Second and the Third Respondents shall not, until the next date of hearing, permit the transfer of the garden plot to the newly added Respondent.

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(DR.D.Y.CHANDRACHUD, J.)

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(S.C.GUPTE, J.)

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MST

Nilesh Ramesh Mhatre v. State of Maharashtra, through Secretary and Ors.

Case brief

What is this about?

What did the court decide?

Nilesh Ramesh Mhatre v. State of Maharashtra, through Secretary and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

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