In PIL regarding unauthorized construction, the Bench recorded respondents' declaration of following due legal procedure and held that nothing survived in the petition.
Petition dismissed as nothing survives.
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.
17-pill-16324.2018.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION (ST) NO. 16324 OF 2018
Smt. Seeema Mahesh Hiray … Petitioner
Versus
Nashik Municipal Corporation and Ors. … Respondents
Mr. S.M. Gorwadkar, Sr. Advocate a/w Mr. G.S. Gorwadkar for the petitioner.
Mr. M.L. Patil for respondent nos. 1 and 2.
Mr. Sandeep Babar, AGP for respondent no. 3.
CORAM : SHANTANU KEMKAR & NITIN W. SAMBRE, JJ. DATE : JUNE 22, 2018
P.C. :
Learned counsel for the respondents on written instructions and on the basis of the notice dated 13/6/2018 made a statement
that before taking any action for removal of unauthorized construction, appropriate legal procedure as may be required will be followed. We record the said statement. In the circumstances, in our considered view, nothing survives in this petition which is accordingly disposed of.
(NITIN W. SAMBRE, J.)
(SHANTANU KEMKAR, J.)
1
nilegaonkar
1 issue framed by the court
Whether the impugned permission granted to respondents by the Local Area Committee to construct a shed is sustainable in law?
Smt. Seeema Mahesh Hiray
Nashik Municipal Corporation
Shantanu Kemkar
Nitin W. Sambre
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
