Two-judge bench directed a site measurement regarding petitioners' structures near the Tansa Pipeline. Pending the report, demolition under PIL No.140 of 2006 is stayed; a reasoned order must be passed.
Premises not to be demolished while measurement pending or within 3 weeks of reasoned order.
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.
wpl-3410.17.odt
pmw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.3410 OF 2017
Mr. Santosh Kisan Chorat and Ors. … Petitioners
Vs.
State of Maharashtra and Ors. … Respondents
Mr. Madhur Rai i/by PRS Legal for Petitioners.
Ms. Deepali Patankar, AGP i/by Ms. P.H. Kantharia, Government Pleader for Respondent – State.
Ms. Shital Mane for Respondent – BMC.
CORAM : A.S. OKA & P.N. DESHMUKH, JJ.
DATE : 9th FEBRUARY, 2018
P.C.
1 Notice for final disposal was issued on 12th December,
ORDER
am when the officers of the second respondent –
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wpl-3410.17.odt
Municipal Corporation will carry out measurement in presence of representative of the petitioners for deciding whether any part of the construction made by the petitioners subject matter of this Petition falls within the distance of 10 meters from Tansa Pipeline. A sketch and panchanama shall be drawn on the site;
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wpl-3410.17.odt
considering the reply dated 19th June, 2017 and after considering the documents produced alongwith reply to pass a reasoned order;
(P.N. DESHMUKH, J) (A.S. OKA, J)
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2 issues framed by the court
Whether the petitioners' structures fall within 10 meters of the Tansa Pipeline.
Whether demolition action can be taken pending site measurement and reasoned order.
Mr. Santosh Kisan Chorat and Ors.
State of Maharashtra
BMC
A.S. OKA
P.N. DESHMUKH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
