A PIL regarding the shifting of a recreation ground plot within a layout. The court held that the distance between locations was within permissible parameters based on departmental and private architect clarifications, finding no substantive public interest grievance.
Proceedings closed; interim order vacated.
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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13 PIL 64-2016 .doc
Sequeira
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO. 64 OF 2016
Mr.Dhananjay Vithal Gawade .. Petitioner Vs
Vasai Virar Municipal Corporation and others. .. Respondents
Mr.Shailesh Redekar a/w Mr.Anil D'Souza, for the Petitioner.
Ms.M.P.Thakur – AGP, for Respondent State.
Mr.A.G.Damle – Senior Advocate a/w Ms.Swati Sagvekar, for Respondent Nos.1 and 2.
Mr.Sanjay Jain a/w Ms.Sandhya Jain a/w Mr.Vasim Shaikh i/b M/s Pravin Mehta & Mithi & Co., for Respondent No.3.
Mr.Shailendra S.Kanetkar, for Respondent No.4.
Mr.Chetan Agrawal, for Respondent No.6.
CORAM : DR.MANJULA CHELLUR, C.J. AND M.S.SONAK, J.
DATE : NOVEMBER 23, 2017.
P.C.:
Exception affidavit to the Inspection report is placed on
record.
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13 PIL 64-2016 .doc
cannot be such objections. In that view of the matter, we are of the opinion in the light of clarification placed on record with regard to the distance issue, both by the private Architect and through department, being within permissible parameters, nothing remains for our consideration in the matter. Accordingly, proceedings are closed. Any interim order on record stands vacated.
M.S.SONAK, J. CHIEF JUSTICE
Mr.Dhananjay Vithal Gawade
Vasai Virar Municipal Corporation
MANJULA CHELLUR
M.S. SONAK
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
