Partly allowed

The Gorai Macchimar Sahakari Sanstha Ltd. and 6 Ors. v. the State of Maharashtra and 6 Ors. Navjavan Mitra Mandal Trust (Applicants)

Bombay HC26 Aug 2016NMW/343/2016

Case brief

AI extract

What is this about?

Single judge disposed of a Notice of Motion filed by a Trust seeking permission to repair sheds and walls of a Hindu cemetery, directing that future applications to the Planning Authority be decided without being influenced by a specific prior clause.

What did the court decide?

Notice of Motion disposed of. Applicant may approach Planning Authority for repairs of cemetery shed and walls; application must be decided without influence of Clause 5 of prior order.

The Gorai Macchimar Sahakari Sanstha… — Constitutional and Fundamental Rights | Bombay HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.343 OF 2016 IN
 PUBLIC INTEREST LITIGATION NO.68 OF 2008

¶5

Navjivan Mitra Mandal Trust ...Applicant
In the matter between
The Gorai Machhimar Sahakari
Sanstha Ltd. & Ors. ...Petitioner
vs.
The State of Maharashtra
and others...Respondents

¶6

Mr.Kishor Joshi a/w Mr.Laxman Jain i/b Corpslegal
for the applicant

¶7

Ms Geeta Shastri, Addl.G.P for the respondent No.1
Ms Kiran Bagalia for respondent No.2

¶8

Ms Trupti Puranik for respondent No.4

¶9

CORAM : A.S.OKA, &
 A.A.SAYED,JJ.
 DATE : AUGUST 26, 2016

¶10

P.C.:

¶11

1Heard the learned counsel for the applicant.
The applicant is the Navjivan Mitramandal Trust. The
case made out in the affidavit in support of the
Notice of Motion is that there is a hindu cemetery
on the land bearing survey no.290 at Village Manori.
It is contended that the shed which is a part of the
cemetery and the compound wall of the cemetery have
been constructed about 20 years back. The prayer in
this Notice of Motion is for grant of permission to
the applicant to repair the shed and a part of the

¶12

¶13

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compound wall of the said Hindu cemetery .

¶15

2In view of the peculiar facts of the case, the
Clause 5 of the order dated 23rd September 2010 will
not come in the way of the present applicant making
an application to the concerned Planning Authority
for grant of permission to carry out repairs to the
existing shed and compound wall of the cemetery. If
application for grant of necessary permission is
made by the applicant to the appropriate Planning
Authority, the said application shall be decided in
accordance with law without being influenced by
clause 5 of the order dated 23rd September 2010.

¶16

3 Subject to above directions, Notice of Motion is disposed of.

The Gorai Macchimar Sahakari Sanstha Ltd. and 6 Ors. v. the State of Maharashtra and 6 Ors. Navjavan Mitra Mandal Trust (Applicants)

Case brief

What is this about?

What did the court decide?

The Gorai Macchimar Sahakari Sanstha Ltd. and 6 Ors. v. the State of Maharashtra and 6 Ors. Navjavan Mitra Mandal Trust (Applicants)

Case brief

What is this about?

What did the court decide?

What the court decided

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