The High Court of Bombay directed the 4th Respondent to dispose of the show-cause notice issued to Respondent No.5 concerning unauthorized demolition and construction within eight weeks.
Directed the 4th Respondent to dispose of the show-cause notice issued to Respondent No.5 regarding alleged unauthorised construction within eight weeks.
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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7 PIL 4 - 2018.doc
Sequeira
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO. 4 OF 2018
Sajid Usman Batliwala … Petitioner V/s.
The State of Maharashtra and others … Respondents.
Mr.Rakesh Agrawal, for the Petitioner.
Mr.P.P.Kakade – Government Pleader a/w Mr.M.M.Pabale – Additional Government Pleader, for Respondent No.1.
Mr.N.R.Bubna, for Respondent Nos.2 to 4.
CORAM : PRADEEP NANDRAJOG,C.J. & N.M. JAMDAR, J.
DATE : 24 JUNE 2019.
P.C. :-
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7 PIL 4 - 2018.doc
5 We dispose of the Petition directing the 4th Respondent to take the show-cause notice issued by it to Respondent No.5 to its logical conclusion. Meaning thereby, an order would be passed
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disposing of the show cause notice. Needless to state, if such order results in it being held that Respondent No.5 has effected unauthorised constructions, subject to such remedies which Respondent No.4 can avail of as per law, the said order would be implemented. Compliance with the mandamus issued today shall be made within eight weeks from today.
N.M. JAMDAR, J. CHIEF JUSTICE
1 issue framed by the court
Whether the 4th Respondent should be directed to dispose of the show-cause notice issued to Respondent No.5 regarding alleged unauthorised construction.
5 provisions across 3 enactments
Sajid Usman Batliwala
The State of Maharashtra
Pradeep Nandrajog
N.M. Jamdar
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
