PIL regarding alleged sale of public utility land; respondent clarified map details and possession; court found no merit in contention and rejected the petition.
Petition rejected.
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PIL66-14.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR.
Public Interest Litigation No.66/2014
(Vinod Somaji Patel and ors. .vs. Nagpur Improvement Trust and others. )
------------------------------------------------------------------------------------------------Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders
Mr. C.F. Bhagwani, Advocate for Petitioners. Mrs. K.R. Deshpande, AGP for Respondent Nos. 2 & 3. Mr. A.S. Joshi, Advocate for Respondent No.5.
CORAM : B.R. Gavai & P.N. Deshmukh, JJ. DATED : January 28, 2016.
"The society has no intention to convert the said P.U.L. into plots and there is no change in the layout map. The map annexed by the petitioner as annexure No.II is incorrect map, on the contrary the map annexed with this reply as Annexure No. R-1 is the correct map which is sanctioned by Gram Panchayat Wadi Dt. 20.12.1986. It is totally false and hence denied that the respondent no.5 is selling the said public utility land by laying the plots over it. The plot No.79-A was in existence at the time of
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PIL66-14.odt
sanctioning the layout by Gram Panchayat Wadi. This particular plot No.79-A is adjacent to the public utility land and it was demarcated after the completion of layout map. Therefore the said plot was not situated near plot no.79. The sale-deed dt. 12th March 2013 in respect of plot no.79-A is not a part and parcel of public utility land though it was situated near the public utility land. Therefore the aforesaid sale-deed is legal one and it has no concern with the public utility land. The plot no.79-A is in possession of Chandrashekhar Kawre and Prakash Muttaya Manthapurwar as owner thereof."
JUDGE
JUDGE
halwai
Vinod Somaji Patel and ors.
Nagpur Improvement Trust and others.
B.R. Gavai
P.N. Deshmukh
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
