This PIL challenging the erection of a mobile tower was disposed of as the operator cancelled the site, removing all material and dropping the project.
The petition was disposed of as the mobile tower site had been cancelled and no further order was needed.
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.
( 1 ) pil131.14
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
PUBLIC INTEREST LITIGATION NO. 131 OF 2014 KIRAN SUKHDEO DHEPE VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
Mr. N.L. Jadhav, Advocate for the petitioner.
Mr.S.B. Yawalkar, AGP for respondent/State.
Mr.S.S. Tope, Advocate for R-2.
Mr.Ajit Kadethankar, Advocate for R-4.
CORAM : S.S.SHINDE &
S.M.GAVHANE,JJ.
DATED :03.04.2018
P.C. :-
1.This Public Interest Litigation (for short
“PIL”) is filed with following prayer:-
“B)By issuing of writ of mandamus or any other
writ, order, or direction in the like nature,
direct the respondent no.2 to remove illegal
mobile tower, erected by the respondent no.3 and
4 on the building plot no.F-10 situated at
Shivshankar Colony, Aurangabad.”
2.Learned Counsel appearing for respondent No.4
has tendered across the bar a letter written by
respondent No.4 addressed to the Registry of this Court.
The same is taken on record and marked “X” for
identification purpose. The contents of the said letter
reads thus :-
“We Reliance Jio Infocomm would like to submit
that the mobile tower site which is supposed to
be erected on the plot of Mr. Jagannath Kisanrao
Korhale situated at F-10, S.14, Shivshankar
Colony, Khadda DP Road, Aurangabad has been
cancelled and the site has been dropped now.
The cancellation of the site is without
prejudice to the merits of our company’s
case/defence in the captioned writ petition.
Further we would also like to submit that the
tower material lying at the site for
construction and erection of mobile tower has
also been removed from the site.”
3.Upon careful perusal of the aforementioned
contents of the said letter, it is abundantly clear that
respondent No.4’s plan to erect mobile tower on building
plot No.F-10, S.14, Shivshankar Colony, Khadda DP Road,
Aurangabad has been cancelled and the said site has been
dropped. In that view of the matter, nothing further
survives for consideration in this PIL.
4.The PIL stands disposed of.
[S.M.GAVHANE,J.] [S.S.SHINDE,J.]
snk/2018/APR18/ pil131.14
Kiran Sukhdeo Dhepe
The State of Maharashtra
Respondent No. 2
Respondent No. 3
Respondent No. 4
S.S.Shinde
S.M.Gavhane
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