This PIL sought directions to remove encroachments from Survey No.60 in Georai and prevent illegal construction. The court was satisfied by the respondents' unilateral affidavit undertaking to remove encroachments within one year.
PIL disposed of; Respondent No. 4 directed not to give permission for construction on the aforesaid land.
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.
950 sr.no..odt
{1}
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
950 PUBLIC INTEREST LITIGATION NO. 146 OF 2016
MANOHAR CHIMAJI CHALAK VERSUS THE STATE OF MAHARASHTRA AND OTHERS
Advocate for Petitioner : Mr. Chandrakant V. Thombre And Mr. Farhan Patel AGP for Respondents: Mr. A.B. Girase Advocate for Respondent No. 4: Mr. A.M. Gaikwad
. . .
CORAM : S.S. SHINDE & K.K. SONAWANE, JJ.
DATE : 1st MARCH, 2017.
PER COURT:
1] This PIL is filed, seeking direction to the respondents to remove the encroachments from Survey No.60 situated within the municipal jurisdiction of Georai, Dist. Beed and not to allow any illegal construction on it.
2] Pursuant to notices issued to the respondents, respondent Nos. 2 and 3 have filed affidavit in reply. In the affidavit, in para. 6, it is stated as under :-
“6. I say and submit that the encroachment on the land Sy. No. 60 will be removed within one year after following due process of law. Because, at present there are pakka construction on the said survey land and after examining and verifying and after measuring the entire land i.e. Sy.No. 60 of village Georai, necessary steps will be taken for removal of the encroachment from the said survey number.”
950 sr.no..odt
3] In that view of the matter, the grievance of the petitioner stands redressed. PIL is accordingly disposed of. Respondent No.4 shall not give any permission for construction on the aforesaid land.
[K.K.SONAWANE] [S.S. SHINDE] JUDGE JUDGE
grt/-
1 issue framed by the court
Whether respondentNos. should be directed to remove encroachments from Survey No.60 and prevent illegal construction on it.
Manohar Chimaji Chalak
The State of Maharashtra
S.S. Shinde
K.K. Sonawane
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
