The High Court dismissed a writ petition seeking directions to desist from demolishing building structures on disputed land. The Court refused to entertain a new plea based on a prior civil finding and disposed of a related Public Interest Litigation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Writ Petition NO. 1509 OF 2016
TEMBHURNI VILLAGE PANCHAYAT Versus
STATE OF MAHARASHTRA THROUGH PRINCIPAL SECRETARY, DEPT. OF RURAL DEVELOPMENT AND ORS.
...Petitioner(s)
...Respondent(s)
AND
Public Interest Litigation NO. 211 OF 2015
BASHIR BABASAHEB JAHAGIRDAR Versus THE STATE OF MAHARASHTRA AND ORS.
...Petitioner(s)
...Respondent(s)
Mr.Vijay Killedar, for the Petitioner in Writ Petition 1509/16 and for Respondent No.5 in PIL 211/15.
Mr.Prabhanjan Gujar, for Petitioner in PIL 211/15.
Mr.P.G.Sawant, AGP for the State in Writ Petition 1509/16.
Mr.P.P.Kakade, AGP for the State in PI 211/15.
CORAM: NARESH H. PATIL & G. S. KULKARNI, JJ
DATED: 4th February, 2016
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PC:
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Authorities for demolition of structures. The Civil Court has reached
a finding of fact in this matter. We are surprised as to how the petitioner Panchayat has now decided to approach this Court in its extraordinary writ jurisdiction raising entirely a new plea.
“7. I further state that it is necessary to demolish the illegal structure as stated above and both the structures are owned by the Government. The efforts of the illegal occupants to protect structure is already been adjudicated in favour of the Government.”
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entertain the Writ Petition. The Writ Petition is rejected.
(G. S. KULKARNI,J.) (NARESH H. PATIL,J.)
TEMBHURNI VILLAGE PANCHAYAT
STATE OF MAHARASHTRA THROUGH PRINCIPAL SECRETARY, DEPT. OF RURAL DEVELOPMENT
NARESH H. PATIL
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.
Judgements on the same questions, provisions and authorities, from every court
