This court disposed of a Public Interest Litigation concerning encroachments on public roads and public places in a rehabilitated village. The court accepted an affidavit undertaking from the respondents to remove encroachments by November 2018.
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 ) pil 80.13
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
PUBLIC INTEREST LITIGATION NO. 80 OF 2013
Namdeo Dhondiba Shinde and others .. Petitioners Versus The State of Maharashtra and others .. Respondents WITH CIVIL APPLICATION NO. 10606 OF 2018 The State of Maharashtra and others .. Petitioners Versus Namdeo Dhondiba Shinde and others .. Respondents WITH CIVIL APPLICATION NO. 12253 of 2018 Dilawar Singh Usan Singh Juni and others .. Petitioners Versus Namdeo Dhondiba Shinde and others .. Respondents Shri. V. D. Salunke, Advocate for Petitioners. Shri. M. N. Deshpande, Advocate for Petitioners in C.A. No. 12253/2018. Smt. M. A. Deshpande, Addl.G.P. for Respondent/State.
( 2 ) pil 80.13
CORAM : S.V. GANGAPURWALA AND S. M. GAVHANE, JJ. DATED : 03rd October, 2018
PER COURT:
. Heard Mr. Salunke, the learned advocate for the petitioners and the learned Addl.G.P. for the respondents.
( 3 ) pil 80.13
November – 2018.
( 4 )
pil 80.13
shade and there are tin shades over remaining 34 houses. The said encroachers are using the land of irrigation department as yard and also for their daily usage as a traffic road. Due to the said encroachment width of roads is narrowed from 15 mt. Road to 6 mt. Road i.e. 20 feet. Therefore it is clear that, the encroachment is over on 9 mt road & over the land of Irrigation department.
situation, there is 6 meter wide road available for utilization for the villagers and there is no obstruction to the villagers for utilizing the said road. The said encroachment over the road will be removed as early as possible by following due procedure of law. If both the irrigation department and Zilla Parishad/Gram Panchayat requires any assistance from the deponent office for removing the encroachment then the office of the deponent will assist them.
[ S. M. GAVHANE, J. ] [ S. V. GANGAPURWALA, J. ]
ass/pil 80.13
1 issue framed by the court
Whether the respondents are obligated to remove encroachments on public roads and public places within a stipulated timeframe.
1 provisions across 1 enactments
Namdeo Dhondiba Shinde and others
The State of Maharashtra
S. V. Gangapurwala
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
