Disposed

Janardhan Shantaram Kekan and Others v. the State of Maharashtra and Others

Bombay HC8 Apr 2014PIL/62/2013

Case brief

AI extract

What is this about?

This PIL petitioners sought directions to remove encroachments and vehicle obstructions on Sai Palakhi road, Kopargaon. The court directed respondent authorities to ensure roads remain free from unauthorized parking and encroachments, effectively disposing of the petition.

What did the court decide?

Directed respondent authorities to ensure roads in Kopargaon are free from encroachments and unauthorized vehicle parking obstructing traffic.

Janardhan Shantaram Kekan and Others Vs the… — Public Procurement and Tenders | Bombay HC (2014)

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PIL 62/13

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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BENCH AT AURANGABAD

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 PUBLIC INTERST LITIGATION NO.62/2013

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Janardhan Shantaram Kekan
and four others.

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...Petitioners..

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Versus

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The State of Maharashtra & six others.

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...Respondents...

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 .....

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Shri N.V. Gaware, Advocate for petitioners.

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Shri S.G. Karlekar, AGP for respondent nos.1 to 3, 5 & 6.
Shri N.R. Bhavar, Advocate for respondent no.4.
Shri S.S. Chapalgaonkar, Advocate for applicant -
intervenor in CA 1042/14 added as respondent no.7.

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 .....

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CORAM: R.M. BORDE & A.M. BADAR, JJ. DATE: 08.04.2014

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ORDER :

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1] Heard learned counsel for the parties.

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2]The petitioners are seeking directions against

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respondent nos.2 to 5 for removal of encroachments or for

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initiation of prompt action against the hawkers and

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vehicle owners responsible for parking their vehicles or
hand-carts on the public road i.e. Sai Palakhi near

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PIL 62/13

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Ambedkar Maidan, Kopargaon, which is causing extreme
inconvenience to the residents of the locality and the
citizens of Kopargaon. Sai Palakhi road connects S.T.

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stand road and is a busy road being used by the students
and pedestrians. It is the contention of the petitioners
that the hawkers as well as the tempo, rickshaw and truck

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owners park their vehicles / hand-carts on the road
thereby causing obstruction to the traffic. The
petitioners contend that in spite of making several
representations, the Municipal Council, Kopargaon as well

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as Police authorities have not taken any note of the
grievances raised by the petitioners as well as the

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citizens of Kopargaon town. The petitioners point out

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that Writ Petition No.1508/2005 was presented to the High
Court seeking directions against the Municipal Council

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for removal of encroachments on a road known as

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Dharangaon road. While disposing of the said writ
petition, this Court made observations / issued
directions in paragraph no.6 of the order directing the

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Municipal Council to keep vigil on all encroachments on

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public roads and if it finds any encroachment on the
public road any time, to take suitable steps to remove

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PIL 62/13

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the same, by following due process of law.

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3]The petitioners contend that it is the

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responsibility of the Municipal Council to ensure that
the main roads in the city are free from encroachments
and to ensure that there is smooth flow of traffic.

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4]Learned counsel appearing for the Municipal Council,

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Kopargaon, does not have any dispute as regards the
responsibility of the Municipal Council but contends that
it is also the responsibility of the Police authorities
to ensure that the vehicles are not parked on roads,

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which may lead to causing inconvenience to the smooth
flow of traffic.

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5]Civil Application No.1042/2014 has been tendered by

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the Maharashtra Rajya Wahatuk Sena (Mahasangh), Kopargaon

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seeking its impleadment in the petition. That

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application has been allowed by us today. We have heard

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the learned counsel representing the intervenor -

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Mahasangh. It is the contention of the Mahasangh that

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the Municipal Council, Kopargaon, has been permitting the

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vehicles to use an area situated on the western side of
Dr.Babasaheb Ambedkar road for the purpose of parking the
vehicles. It is contended by the intervenor that the

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PIL 62/13

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open space available in the vicinity can be used by the
vehicle owners for parking the vehicles. It is also
contended that as a result of parking of the vehicles at
the open space, no inconvenience is caused to the traffic
as well as to the citizens making use of the concerned
road. It is also prayed by the intervenor that the
Municipal Council be directed to provide parking place
which can be utilized by the members of the Mahasangh for
parking their vehicles. It would be open for the
intervenor to persuade the Municipal Council, Kopargaon,

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to provide adequate space for parking of vehicles.
However, at the same time, the vehicle owners cannot be
permitted to park their vehicles on the public roads and

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cause obstruction to traffic. It would also be the
responsibility of the Police authorities as well as the
Municipal Council to ensure that the roads in the town
are maintained free from encroachments and that there is

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no hindrance / obstruction to traffic. The Municipal
Council as well as the Police authorities shall continue

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with the joint efforts to ensure that the vehicles are
not parked unauthorizedly on the public roads, in
Kopargaon town.

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PIL 62/13

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6]In the facts of the case, the respondent nos.4 to 6
are directed to ensure that the roads situated in
Kopargaon city are kept free from encroachments and to
ensure that no impediment is created obstructing free
flow of traffic. It shall also be ensured that the
vehicle owners do not park their vehicles unauthorizedly
causing obstruction to the traffic.

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7]Learned counsel for the petitioners has not pressed
the relief in respect of removal of encroachments by the
street vendors and hawkers and as such the said issue is
not being addressed by us.

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8]With the directions as above, the public interest
litigation stands disposed of.

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(A.M. BADAR, J.) (R.M. BORDE, J.)

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ndk/c841422

Janardhan Shantaram Kekan and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Janardhan Shantaram Kekan and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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