Disposed

Narsinh Laxmanrao Jadhav v. the State of Maharashtra and Others

Bombay HC8 Jul 2019PIL/153/2016

Case brief

AI extract

What is this about?

Responding to PIL regarding an approach road for a housing society, the Court found that minutes of a meeting showed the proposal was under consideration. Directing the Municipal Corporation to complete the requisite exercise for constructing the approach road to MIDC within six months, the Court disposed of the petition as the purpose was duly served.

What did the court decide?

Directing the Respondents, including the Municipal Corporation, to complete the exercise for constructing the approach road to MIDC expeditiously, not later than six months from the date of the order.

Narsinh Laxmanrao Jadhav Vs the State of… — Municipal and Town Planning | Bombay HC (2019)

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( 1 )

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153.16pil

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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PUBLIC INTEREST LITIGATION NO.153 OF 2016

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Narsinh s/o Laxmanrao Jadhav
Age: 47 years, Occ: Advocate,
R/o. Row Bungalow NO.19,
Narayan Pushpa Housing Society,
Gat No.710, Chikalthana,
Aurangabad..PETITIONER

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VERSUS

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1. The State of Maharashtra, Through : Secretary, Urban Development Department, Mantralaya, Mumbai

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2. The Commissioner, Municipal Corporation, Aurangabad District Aurangabad

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3. The Collector, Aurangabad District Aurangabad

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4. The Deputy Director of Town Planning Department, Aurangabad Municipal Coporation, Aurangabad, District Aurangabad .. RESPONDENTS

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Petitioner party-in-person : present
Smt Geeta L. Deshpande, A.G.P. for respondent Nos. 1 & 3;
Mr S.S. Tope, Advocate for respondent Nos.2 & 4

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CORAM : PRASANNA B. VARALE &
R.G. AVACHAT, JJ.

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DATED :8th JULY, 2019

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ORAL ORDER:

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By order dated 26th June, 2019 we permitted the

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petitioner Mr. N.L. Jadhav to attend the authority of
Municipal Corporation, Aurangabad on 3rd July, 2019 with
his suggestions along with the documents on which he is
placing reliance.

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2.Mr. Tope, learned Counsel appearing for

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respondent-Corporation placed on record the minutes of
meeting dated 3rd July, 2019. We can positive response
of the municipal corporation authority, on instructions
of Mr. Tope, learned Counsel, who is appearing for the
Corporation.

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3.Perusal of the minutes of the meeting dated 3rd

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July, 2019 shows that meeting was attended in presence of

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petitioner Mr. N.L. Jadhav in the chamber of Director of
Town Planning, Town Planning Department, Municipal
Corporation, Aurangabad. The petitioner was heard. The
documents submitted by the petitioner were also perused.

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4.The owner of adjacent land Gat No.713, by way of
relinquishment deed, parted away his rights over the said
property. It is stated in the report that this area can
safely be utilized for approach road having 20 meters
width and this approach road would take care of the
convenience of the society members so as to reach main
road through M.I.D.C. Then there is reference to certain
procedural and administrative formalities, such as
submitting budget in the general body meeting. It is also
stated that proposed budget for entire work is to the
extent of 6592817/- but for approach road, more or less,
1/3rd amount would be sufficient enough. The formality of
putting budgetary allocation in the general body and
getting it approved would take some time.

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5.Mr. N.L. Jadhav, party in person fairly

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submitted that the proposal by Corporation is in the
interest of petitioner and he further suggests that the
Corporation authorities be directed to take steps
expeditiously.

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6.Mr. Tope, learned Counsel for the respondent-
Corporation, on instructions, submitted before us that
the Corporation authorities would undertake the exercise
to provide the approach road till M.I.D.C., needless to
state by constructing the same, as early as possible.

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7.Considering the documents submitted before us in
the form of minutes of meeting and also considering the
anxiety of the petitioner, we direct the municipal
Corporation, Aurangabad to complete the above referred
exercise expeditiously and not later than six months from
the date of this order.

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8.As the purpose of approaching this Court by way
of Public Interest Litigation is duly and effectively
served, the petition is accordingly disposed of.

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[R.G. AVACHAT, J.] [PRASANNA B. VARALE,J.]

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Tupe

Narsinh Laxmanrao Jadhav v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Narsinh Laxmanrao Jadhav v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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