The PIL regarding garden possession was disposed of. The court recorded affidavits and photographs confirming the Municipal Corporation had taken possession on 24th May 2016. The court held no further intervention was required pending.
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.
4-PIL-41-15.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION NO. 41 OF 2015
Capt. Haresh Gaglani (Retd.) …Petitioner Versus Brihanmumbai Municipal Corporation & Ors. …Respondents
Mrs. Gauri Jadhav, i/b Mr. Tushar Jadhav, for the Petitioner. Mr. A.Y. Sakhare, Senior Counsel, a/w Mr. Trupti Puranik, for Respondents No. 1 & 2.
Mr. S.C. Patel, for Respondent No. 3.
Mr. Mohit Jadhav, AGP for Respondent No. 4.
CORAM : A.S. OKA & A.A. SAYED, JJ. DATE : 28th June 2016
P.C. :
1. Heard learned Counsel appearing for the Petitioner, the
learned Senior Counsel appearing for the Mumbai Municipal Corporation and the learned Counsel appearing for the 3rd Respondent. Learned Senior Counsel tenders an Affidavit of Smt. Medha Gogate, working as Deputy Superintendent of Gardens of the Municipal Corporation. She has stated therein that possession of the
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Sharayu .
4-PIL-41-15.doc
garden in question is taken over by the Municipal Corporation on 24th May 2016. The possession receipt which is signed by the coordinator of 3rd Respondent and the Assistant Superintendent of Garden F/N ward is also annexed to the Affidavit. The photographs of the entrance of the garden showing the boards put up by the Municipal Corporation stating that the garden is in possession of the Municipal Corporation have been produced. The learned Counsel appearing for the Petitioner has tendered certain photographs. She states that schedule of programme of the 3rd Respondent for June and July 2016 is displayed on a structure in the garden. Learned Counsel appearing for the 3rd Respondent on instructions states that 3rd Respondent is not in possession of any part of the said garden or structures therein and the possession thereof has been taken back by the Municipal Corporation on 24th May 2016. Photographs tendered by the learned Counsel appearing for the Petitioner are taken on record and marked “ A-1 colly ” for identification.
2. Learned Senior Counsel appearing for Municipal Corporation tenders photographs of the structures which show that the structures have been sealed. He states that now an agency appointed by the Municipal Corporation is looking after the
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Sharayu .
4-PIL-41-15.doc
maintenance of the garden. The said photographs are taken on record and marked “ A-2 ” for identification.
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Sharayu .
Capt. Haresh Gaglani (Retd.)
Brihanmumbai Municipal Corporation
3rd Respondent
A.S. OKA
A.A. SAYED
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