Disposed

Hari Hotumal Tanwani v. the Commissioner-Ulhasnagar Municipal Corp.and Ors.

Bombay HC19 Nov 2019PIL/105/2003

Case brief

AI extract

What is this about?

In a contempt petition arising from a PIL regarding unauthorized constructions, the Commissioner undertook to regularize structures within six months. The Court accepted this undertaking and disposed of the PIL and connected civil applications.

What did the court decide?

PIL and connected civil applications disposed; Contempt Petition listed for 17.12.2019.

Hari Hotumal Tanwani Vs the… — Municipal and Town Planning | Bombay HC (2019)

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1057 cp 171-19=.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CONTEMPT PETITION NO. 171 OF 2019 IN PUBLIC INTEREST LITIGATION NO. 105 OF 2003

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Mr. Chander Hariram Tolani … Petitioner V/s. Commissioner of Ulhasnagar Municipal Corporation and Ors. … Respondents

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WITH PUBLIC INTEREST LITIGATION NO. 105 OF 2003 Mr. Hari Hatumal Tanwani … Petitioner V/s. The Commissioner, Ulhasnagar Municipal Corporation and Ors. … Respondents

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CIVIL APPLICATION (ST) NO. 26783 OF 2005 WITH CIVIL APPLICATION NO. 2 OF 2006 WITH CIVIL APPLICATION NO. 5 OF 2006 WITH CIVIL APPLICATION NO. 4 OF 2006 WITH CIVIL APPLICATION NO. 7 OF 2006 WITH CIVIL APPLICATION NO. 6 OF 2006 WITH CIVIL APPLICATION NO. 8 OF 2006 WITH

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CIVIL APPLICATION NO. 61 OF 2007 WITH CIVIL APPLICATION NO. 62 OF 2007 WITH

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CIVIL APPLICATION NO. 66 OF 2007 WITH

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CIVIL APPLICATION NO. 94 OF 2007

Sneha Chavan

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1057 cp 171-19=.doc

WITH CIVIL APPLICATION NO. 18 OF 2009 WITH CIVIL APPLICATION NO. 175 OF 2011 WITH CIVIL APPLICATION NO. 25 OF 2012 IN

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PUBLIC INTEREST LITIGATION NO. 105 OF 2003

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Mr. C.J. Joveson & Preeti Dambre for the Petitioner. Ms. Pooja Joshi for the Respondent No.1 Corporation. Mr. M.M.Pabale, AGP for State.

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CORAM: S.C.DHARMADHIKARI,& R.I.CHAGLA, J.J. DATED : 19/11/2019

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P.C.

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An afdavit is fled in this PIL in which the deponent Commissioner of the Ulhasnagar Municipal Corporation makes a categorical statement that the PIL may raise the issue of unauthorised construction activities within the limits of the Ulhasnagar Municipal Corporation. However, now an act of the Competent legislature has been enacted. That act has created mechanism by which the Municipal Corporation as also the specifed authorities can consider individual proposals for regularlisation of the construction carried out. Thus, the regularlisation of the unauthorised and illegal structures in the limits of Ulhasnagar Municipal Corporation has been made possible by this law.

Sneha Chavan

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1057 cp 171-19=.doc

Now the Commissioner says, he will with the assistance of the concerned Authorities consider the individual proposals and strictly within the four corners of the law. He will fnalise the whole process in accordance with law as expeditiously as possible and in any event, within a period of six months from today. These statements made on instructions, are accepted as undertakings to this Court.

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In view thereof, PIL and connected civil applications are disposed of.

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Contempt Petition, however, shall be listed after four weeks i.e. 17.12.2019.

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(R.I.CHAGLA,J.)

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(S.C.DHARMADHIKARI, J.)

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Sneha Chavan

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Hari Hotumal Tanwani v. the Commissioner-Ulhasnagar Municipal Corp.and Ors.

Case brief

What is this about?

What did the court decide?

Hari Hotumal Tanwani v. the Commissioner-Ulhasnagar Municipal Corp.and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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