The High Court disposed of Public Interest Litigation No. 8 of 2012 after accepting an affidavit from the Assistant Engineer of the Mumbai Municipal Corporation confirming that reserved playground plots are free of encroachments.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTERST LITIGATION NO.8 OF 2012
Edwin Britto Vs.
… Petitioner
The Municipal Commissioner, Mumbai Municipal Corporation and Ors. … Respondents
Ms. Prity Bhavsar i/by Mr. Rakesh K. Agarwal, for the Petitioner. Ms. K.R. Punjabi, for the BMC.
Mr. Bhupesh Dhumatkar i/by M/s. Jhangiani, Narula & Associates, for Respondent No.5.
CORAM : A.S. OKA &
G.S. KULKARNI, JJ.
DATE : 8th OCTOBER, 2014
P.C.
. Heard the learned counsel appearing for the parties. Perused the order dated 18th September, 2014. In terms of the said order, Shri Sainath Pantharinath Paraskar, Assistant Engineer (Maintenance) of the Mumbai Municipal Corporation has filed an affidavit dated 7th October, 2014. He has stated that he inspected site as per the directions of this Court. He found that both the plots being CTS No.84/B/2 admeasuring 335.40 square meters and CTS No.83/C admeasuring 157 square meters in Mandpeshwar Villlage which are reserved for playground are free of any encroachments. It
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is stated that the said plots are adjacent to each other and are fenced with compound wall and are in possession of the Mumbai Municipal Corporation. Photographs of the site have been also annexed to the affidavit. We accept the statements made in the affidavit. In view of the statements made in the affidavit, no further directions are required to be issued in this Petition. By accepting the aforesaid statements, the Petition is disposed of.
(G.S. KULKARNI, J ) (A.S.OKA, J )
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Edwin Britto
The Municipal Commissioner
A.S. Oka
G.S. Kulkarni
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.
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