Dismissed

Shri Rajeshkumar Jawaharlal Gemnani v. Ulhasnagar Municipal Corporation through the Commissioner and Anr.

Bombay HC11 Feb 2016PIL/46/2016

Case brief

AI extract

What is this about?

This judgment dismisses a PIL alleging illegal demolition and land takeover of structures for road widening by the Ulhasnagar Municipal Corporation. The court held that since a rehabilitation policy has been framed and the affected persons can approach courts, the petition is not a fit case for PIL.

What did the court decide?

The Public Interest Litigation was disposed of holding it was not a fit case for Court intervention.

1Heard the learned counsel for the petitioner. PIL 209 of 2015 raising the issues which are raised in this PIL has been already disposed of by this Court by order dated 11th January 2016. The reasons recorded in the said order will apply even to this petition.

2The submission of the learned counsel for the petitioner is that notwithstanding the fact that some persons whose structures have been demolished for road widening approached this Court and notwithstanding the fact that the Court protected them, the Ulhasnagar Municipal Corporation has started the demolition drive without following even a semblance of due process of law. He submits that in the resolution No.60 of 2015 passed by the General Body of the Municipal Corporation, there is

3The petitioner is a businessman. He has filed this PIL for inviting the attention of the Court to the alleged illegal action of the Municipal Corporation of demolishing 1000 or more structures for the purpose of road widening. It is not the case of the petitioner that the structures which were demolished by the Municipal Corporation were authorised structures which were constructed on the private properties after obtaining permission. It is not the case of the petitioner that some of the affected persons by a reason of poverty or otherwise are not in a position to approach the writ Court or any other Court of law. The grievance is that even the land below the structures is taken over after demolition of the structures.

4The structures in the present case are multi storeyed structures by the side of a busy road. The demolition is for the purposes of road widening. The persons affected by the alleged illegal action of demolition are not prevented from approaching the Court of law. Moreover, by the resolution No.60 dated 11th December 2015, a policy for rehabilitating the persons affected by the demolition of structures has been framed by the Municipal Corporation. Therefore, this is not a fit case to entertain PIL. It is accordingly disposed of.

Shri Rajeshkumar Jawaharlal Gemnani v. Ulhasnagar Municipal Corporation through the Commissioner and Anr.

Case brief

What is this about?

What did the court decide?

Shri Rajeshkumar Jawaharlal Gemnani v. Ulhasnagar Municipal Corporation through the Commissioner and Anr.

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

Similar cases

Azad Hind Seva Dal, through Mr. Swatantrakumar Anand (Founder of Trustee) Vs the State of Maharashtra and Ors.

Prakash B. Jadhav Vs Union of India, through the Secretary, Ministry of Railway and Surfce Transport (Dismissed) and 4

Sanjay Wasantrao Hingne Vs the Collector, Buldhana and 3 Others

Anil Shamsundar Agre Vs the State of Maha., through Its Secretary, Home Dept., and Others

Aam Aadmi Party and Ors. Vs Mhada and Ors.

Manoranjan Santosh Roy Vs Union of India and Others

Indian Council of Investors Vs Union of India and 7 Ors.

Rajesh Khillaree and Ors. Vs Union of India

Smt. Asha Kailash Shinde Vs the State of Maharashtra through the Secretary and Ors.

Deb Kumar Tapadar Vs the State Government of Maharashtra

The Collector of Pune and Ors. Vs Khandu Mahadu Muke

Nice Shelter and Anr. Vs the State of Maharashtra and Ors.

Cletus Gonsalves Vs Municipal Corporation of Greater Mumbai and Anr.

Cletus Gonsalves Vs Municipal Corporation of Greater Mumbai and Anr.