In a Public Interest Litigation regarding shoddy drainage and road work in a residential colony, the High Court terminated the proceedings and dismissed the petition. The court noted disputes over the petitioner's locus standi and the contractor's performance before cessating the matter.
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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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
PUBLIC INTEREST LITIGATION NO.26 OF 2015
Ramkrishna Bhagwan Bagul PETITIONER
VERSUS
The State of Maharashtra and others RESPONDENTS
Mr. M.G. Kochar, Advocate holding for Mr. B.R. Waramaa, Advocate for the petitioner Mr. M.M. Nerlikar, A.G.P. for respondent Nos.1 and 2 Mr. Girish S. Rane, Advocate for respondent Nos.3 and 5 Mr. Girish V. Wani, Advocate for respondent No.4
CORAM: PRADEEP NANDRAJOG, CJ & R.G. AVACHAT, J. DATE: 24.09.2019
PER COURT :
1] The request made for hearing to be deferred is denied.
2] Heard learned counsel for the parties.
PIL26-2015.doc
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3] We have perused the pleadings in the Public Interest Litigation. The petitioner claims to be a resident of Shrikrishna Colony at Plot No.212/8. As per the petitioner, there are 24 plots in the colony. It is pleaded that the colony is in the area of Municipal Council, Amalner. It is pleaded that in the year 2005, the Council sanctioned drainage and road to be laid in the colony. The grievance is to the contractor being paid the money to construct the drainage along the road inspite of the fact the work being shoddy and not complete.
4] In the counter affidavit filed, it is pleaded that the petitioner has no locus standi to make any grievance for the reasons it was his father who owned the land and carved out the colony. While so doing, his father did not lay the roads or the drainage. On merits, it is denied that the contractor executed a shoddy work. Reliance is placed upon a writing obtained from the inhabitants of the area that the contractor has done a good job.
5] In the rejoinder filed, it is stated that the petitioner's father has colonized the land and had not laid the drainage. For this, it is pleaded that
PIL26-2015.doc
no condition was ever imposed for laying a drainage.
6] In view of the facts noted hereinabove, we terminate the proceedings in the Public Interest Litigation and dismiss the same.
7] No costs.
(R.G. AVACHAT, J.) CHIEF JUSTICE
npj/PIL26-2015.doc
Ramkrishna Bhagwan Bagul
The State of Maharashtra
Pradeep Nandrajog
R.G. Avachat
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
