A PIL filed by Riyaz Usman Shaikh praying for construction of a 40 meters wide road and removal of encroachments. The Bombay High Court at Aurangabad, relying on the respondents' affidavit showing land acquisition proceedings are underway, held the grievance redressed and disposed the petition.
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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pil95.14
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
PUBLIC INTEREST LITIGATION NO. 95 OF 2014
RIYAZ USMAN SHAIKH
VERSUS
THE STATE OF MAHARASHTRA & OTHERS
None for the petitioner.
Mr.A.B. Girase, Government Pleader for R-1.
Mr.S.S. Tope, Advocate for R-2 & 3.
CORAM : S.S.SHINDE &
S.M.GAVHANE,JJ.
DATED :03.04.2018
P.C. :-
1.When this Public Interest Litigation (for short
“PIL”) is called out, none appears for the petitioner.
This PIL is filed with following prayers :-
“B)That by issuing appropriate writ, order or
direction in like nature the respondent no.2 and
3 may kindly be directed to construct 40 meters
wide road as per the development plan (20 meters
on both the sides) from Kranti Chowk to Station
Road, and for that if any illegal construction
is there that deserves to be demolished.
C)That by issuing appropriate writ, order or
direction in like nature the respondent Nos. 2
and 3 may kindly be directed to decide the
petitioner’s representation dated 10.04.2014 and
04.07.2014 at Exh.C within stipulated period and
to remove encroachment and construct the 40
meters wide road as per the development plan.”
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2.Pursuant to the notices issued to the
respondents, the respondent – Corporation has filed
reply. In para 4 of the reply, it is stated thus :-
“I say that, from Kranti Chowk to Osmanpura
(Gopal Tea Center) yet the process of land
acquisition is yet to be completed for making
the width of 40 meters. On the existing road
Concrete Pavement and B.T. Paven are constructed
and the work of RCC Median is in final stage.
As yet the work of acquiring land is not
completed the width of 40 meters as per the
Development Plan is not available, however as
early as the acquisition proceedings are
completed the complete 40 meter wide length
would be made available so also the Foot Paths
will be developed. The process for acquisition
of land is already started and for that purpose
paper publication was given on 02.08.2014.
xxxxxx”
3.In view of the statements made in the affidavit-
in-reply and the specific statements made in para 4 of
the said reply, in our opinion, the grievance raised in
the present PIL stands redressed.
4.The PIL stands disposed of.
[S.M.GAVHANE,J.]
snk/2018/APR18/ pil95.14
2 issues framed by the court
Whether the petitioner's grievance regarding road construction and encroachment removal stands redressed given the respondents' reply.
Whether the PIL requiring construction of a 40 meters wide road merits further court intervention.
Riyaz Usman Shaikh
The State of Maharashtra
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