The High Court terminated the Public Interest Litigation concerning encroachments on Tilak Road, Wadala Cross Road, and Naigaum Cross Road. The proceeding was stayed pending decisions in related writ petitions filed by the encroachees regarding their relocation.
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.
(10)-PIL-44-12.doc .
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION NO.44 OF 2012 WITH NOTICE OF MOTION NO.12 OF 2015
Northern India Co-op. Housing Society Limited and others
Versus
The State of Maharashtra and others
..Petitioners ..Respondents
Mr. Rajiv Narulla I/by Jhangiani Narulla & Associates, Advocate for the Petitioners.
Mr. Sukanta Karmarkar, AGP for Respondent No.1 – State. Mr. A. Y. Sakhare, Senior Adocate a/w Ms. K. H. Mastakar, Advocate for Respondent Nos.2, 4 & 5 – MCGM.
CORAM : PRADEEP NANDRAJOG, C.J. & N. M. JAMDAR, J.
DATE : 29th JULY, 2019
P.C.
1] In the Public Interest Litigation No.44 of 2012 prayer made is to remove the encroachees and thereafter demolish structures made by the encroachees on Tilak Road, (b) Wadala Cross Road and (c) Naigaum Cross Road at Wadala. Indeed the photographs filed along with the Petition show encroachments on pavements with the dwellers even occupying a portion of the road resulting in the width of the road being so reduced that vehicles have to squeez past.
BGP. 1 o f 2
(10)-PIL-44-12.doc .
2] The reply filed brings out that the statutory authorities are cognizant of the problem and took a decision to remove the encroachees who have filed Writ Petition Nos.3211 of 2018 and 3253 of 2018 alleging that the buildings in which they were intended to be re-located are unworthy of human habitation. In the said two Writ Petitions orders have been passed by the Division Bench of this Court staying eviction of the encroachees.
3] In the circumstances, proceeding in the instant Public Interest Litigation is terminated permitting Petitioner to seek intervention in the Writ Petitions filed by the encroachees, for the reason the relief in the instant Petition is now contingent upon the decision in Writ Petition Nos.3211 of 2018 and 3253 of 2018.
4] In view of the above, Notice of Motion No.12 of 2015 does not survive and is accordingly disposed of.
N. M. JAMDAR, J CHIEF JUSTICE
BGP. 2 o f 2
Northern India Co-op. Housing Society Limited and others
The State of Maharashtra and others
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
