Disposed
Ashokkumar Krishnarao Sawant and Ors. v. the State of Maharashtra and Ors.
Bombay HCPIL/74/2015
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COURT OF JUDICATURE AT BOMBAY CIVIL…
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pdp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 74 OF 2015 WITH
CIVIL APPLICATION NO. 144 OF 2015
Ashokkumar Krishnarao Sawant and ors.
.. Petitioners
Versus
The State of Maharashtra and ors.
.. Respondents
Mr. S. P. Thorat for petitioners. Mrs. M. P. Thakur, AGP for State.
Mr. Vishal Kanade a/w Mr. Pravin Kamble for respondent nos.4 and 5. Ms. Pooja R. Singh i/by Mr. N. R. Bubna for respondent no.3.
CORAM: NARESH H. PATIL & M. S. KARNIK, JJ.
NOVEMBER 28, 2016.
P.C.
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senior citizens it was Rs.6000/-. The members included senior citizens, young boys and girls, many of whom achieved excellence in sport activities. After the property was leased out to respondent nos.4 and 5, it is submitted that certain changes were made to the existence structure. It is alleged that Baby Toddler pool was removed by respondent nos.4 and 5.
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Sanjay Herwade, DMC of Thane Municipal Corporation filed in Writ Petition No. 7747 of 2016 wherein the deponent stated that the respondent no. 5 was not entitled to charge membership exceeding Rs.10,000/- per person per year plus taxes. The learned counsel, therefore, prays for necessary directions to the Corporation in the interest of the erstwhile members of the sports club or swimming pool.
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“22. In the event of any dispute arising out of this indenture or in respect of the interpretation of the terms and conditions hereof the same shall be referred to the arbitration of arbitrators, (to a Sole Arbitrator who will be Hon'ble Commissioner of T.M.C. Whose decisions shall be final and binding upon the parties). The proceedings of arbitration shall be conducted in accordance with the provisions of Arbitration and Conciliation Act, 1996 and the place of arbitration shall be at Thane.”
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Municipal Corporation to deal with the same in accordance with the agreements executed between the parties and after hearing both the sides. The decision shall be taken by the Commissioner, Thane Municipal Corporation within four weeks from the date of receipt of such representation, without prejudice to the applications/representations received by the Commissioner earlier. A copy of the representation to be submitted by the petitioners shall be served in advance on respondent no.5.
disposed as such.
(M. S. KARNIK, J.) (NARESH H. PATIL,J.)
3 issues framed by the court
Whether directions are required to regulate membership fees and protect interests of erstwhile members of a swimming pool leased to private enterprise.
Whether the Commissioner of Thane Municipal Corporation should entertain a representation regarding the interpretation of the lease agreement and fee structures.
Whether the PIL regarding regulated fees for the leased swimming pool requires substantive adjudication by this Court or should be kept open for administrative resolution.
Ashokkumar Krishnarao Sawant and ors.
The State of Maharashtra and ors.
NARESH H. PATIL
M. S. KARNIK
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