Public Interest Litigation challenging a Municipal Corporation's permission to construct a nullah. The Court disposed of the petition after reviewing an Engineer's report confirming compliance with granted terms.
The petition was disposed of as the site inspection report confirmed all terms and conditions were complied with.
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 ORDINARY ORIGINAL CIVIL JURISDICTION
P.I.L.NO.73 OF 2014
Nadeem Riyasatali Kapoor .. Petitioner - Versus - State of Maharashtra & Ors. ..Respondents
Mr.Rakesh Singh with A. Kumar i/b. K.R.Tiwari & Co. for petitioner Ms. Trupti Puranik for BMC Mr. Kedar Dighe AGP for respondent State
Dr. Milind Sathe, Senior Advocate with D.V.Deokar for Dhruvesh Parikyh i/b. Parimal K. Shroff & Co. for respondent No.8
CORAM : V.M.KANADE & MRS. SWAPNA JOSHI, JJ DATE : 7th October 2016.
P.C.
1] Heard the learned Counsel holding for the learned Advocate
for the petitioner. He states that Mr. Tiwari learned Advocate appearing for petitioner is unwell and, therefore, unable to attend the court. He seeks time. Application for adjournment is refused since from the record, it is apparent that the petition has worked itself out.
2] The grievance of the petitioner was regarding permission which
was granted by the Mumbai Municipal Corporation to respondent No.8
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nullah on the land in question at LBS Marg, Ghatkopar. This Court, after examining the issue passed an order on 21st July 2014. This Court in para 5 of the said order has observed that there was no illegality in granting permission to respondent No.8 and which is in accordance with the terms and conditions of the permission dated 25th January 2010. After having so recorded that there is no illegality committed by the Corporation in granting permission, this Court in order to further ensure that the terms and conditions are being complied with, directed the concerned Engineer to submit a report after taking site inspection. Accordingly, site inspection was taken on 31st July 2014 and a report dated 2nd August 2014 has been submitted by him. In the said report he has mentioned that all terms and conditions have been complied with and gave his conclusion as under:-
(1) Clear waterway width and depth of nalla covering provbided is adequate as per this office remark u/no.DyChe/SWD/3853/PC dated 25/1/2010 in condition No.4 and 13
(2) For desilting purpose opening of 1.20 m x 0.9 m size with C.I. frame and removable cover has been provided at the nalla covering
portion as per condition No.16 of this office remarks u/no.DyChe/SWD/3853/PC dated 25/1/2010.
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accordingly disposed of.
(MRS. SWAPNA JOSHI, J) (V.M.KANADE, J)
Nadeem Riyasatali Kapoor
State of Maharashtra
Dhruvesh Parikyh
Mumbai Municipal Corporation
V.M.Kanade
Mrs. Swapna Joshi
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
