Disposed

Mrs. S.G.P.Barnes v. Shri. Sunil Damne and 3 Ors.

Bombay HC5 Dec 2019NMW/65/2009

Case brief

AI extract

What is this about?

The Court held that the PIL served its purpose and is disposed of. It refused to monitor or supervise demolition measures, stating that courts cannot manage every ward-wise illegal construction and residents must maintain vigilance.

What did the court decide?

The PIL and all connected notices of motion and chamber summons are disposed of without granting any directions for monitoring.

Mrs. S.G.P.Barnes Vs Shri. Sunil Damne and 3 Ors. — Writ and Judicial Review | Bombay HC (2019)

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903.PIL-26-08.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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PUBLIC INTEREST LITIGATION NO.26 OF 2008

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WITH NOTICE OF MOTION NO.215 OF 2008 WITH NOTICE OF MOTION NO.65 OF 2009 WITH NOTICE OF MOTION NO.340 OF 2011 WITH NOTICE OF MOTION NO.229 OF 2016 WITH NOTICE OF MOTION NO.256 OF 2016 WITH CHAMBER SUMMONS NO.237 OF 2017

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Mrs.S.G.P.Barnes … Petitioner versus Shri Sunil Damne and Ors. … Respondents

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Mrs.S.G.P.Barnes- Petitioner present in person.

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Mr.A.Y.Sakhare, Senior Advocate a/w Ms.K.H.Mastakar for MCGM.

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CORAM :- S. C. DHARMADHIKARI & R.I.CHAGLA, JJ.

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DATE :- DECEMBER 5, 2019

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P.C. :-

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After having heard both sides and perusing the affidavit, which has been filed pursuant to our earlier order, we do not think that we can go on monitoring and supervising the demolition measure or activity initiated or proposed to be initiated by the Municipal Corporation. The residents ought to realise that by

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Page 1 of 2

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M.M.Salgaonkar

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903.PIL-26-08.doc

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dropping complaints before this Court, the unauthorised structures or development activities cannot be curbed, much less totally controlled. It is only when the residents keep proper vigil and help the officers that the activities can be brought under control. We do not think that we can issue directions as desired by the public interest litigant. Once we have targeted, with the help of the parties, a particular construction and ensured that the compliance is done by the Municipal Corporation of the order of this Court, then, the public interest litigant cannot raise issue of another illegal construction or activity brought to her notice or noticed by her. That way, every ward-wise act of this nature will have to be taken care of by this Court. It is impossible for us to do this, much less by way of a Public Interest Litigation.

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The PIL has served its purpose and stands disposed of accordingly.

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In the light of the disposal of the PIL, Notices of Motion and Chamber Summons do not survive and stand disposed of accordingly.

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(R.I.CHAGLA, J.) (S.C.DHARMADHIKARI, J.)

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Page 2 of 2

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M.M.Salgaonkar

Mrs. S.G.P.Barnes v. Shri. Sunil Damne and 3 Ors.

Case brief

What is this about?

What did the court decide?

Mrs. S.G.P.Barnes v. Shri. Sunil Damne and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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