Petitioner sought direction for removal of illegal construction. Court noted that dispute regarding encroachment is pending with Nazul Naib Tahsildar and disposed of the PIL with no order as to costs.
Petition disposed of with no order as to costs.
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1 10.04.pil.3.11.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
PUBLIC INTEREST LITIGATION NO.03 /2011
(Farhan Khan s/o Hasan Khan vs. State of Maharashtra and others )
Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders
Mr. G.G.Bade, Adv. for petitioner Mr T.R.Kankale, Asst. Govt. Pleader for Respondent Nos.1,4 & 5 Mr. S.K.Mishra, Advocate for Respondents 2 and 3 Mr. S.Sharma, Advocate for Respondent no.6
CORAM : SMT. VASANTI A. NAIK & A.M. BADAR, JJ.
DATED : 10th April, 2015.
Heard.
By this petition, the petitioner seeks a direction to the respondent nos. 1 to 4 to take action for removal of illegal construction carried out by the respondent no.6 on the land situated at Fawara Chowk, Gandhibag, Nagpur.
Shri T.R.Kanlake, the learned Assistant Government Pleader appearing on behalf of the respondent nos.1,4 and 5, states that the action has been initiated against the respondent no.6 and after issuance of notice to the concerned respondent, he was asked the attend the proceedings before the Nazul Naib Tahsildar.
Since the dispute in regard to the removal of the encroachment and whether there is encroachment, if any, is pending before the Nazul Naib Tahsildar in furtherance of the action taken by the concerned respondent, we dispose of the Public Interest Litigation, with no order as to costs.
JUDGEJUDGE
sahare
Farhan Khan
State of Maharashtra
others
Respondent no.6
Vasanti A. Naik
A.M. Badar
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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