In a PIL regarding encroachment on a drain by unauthorized construction on land in Raigad, the High Court directed the Assistant Director of Town Planning to clear the drain and demolish the unauthorized building within 12 weeks.
Directions to ensure drain is free from encroachment and demolish unauthorized construction within 12 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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1 13 PIL 64 - 2015.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO. 64 OF 2015
Ajit Gangadhar Jagtap .. Petitioner Vs
The State of Maharashtra and others .. Respondents
Mr.Sagar Talekar i/b Mr.K.G.Rikame, for the Petitioner.
Ms.Nisha Mehra - Additional Government Pleader, for Respondent Nos.1 to 4.
Mr.C.G.Gavnekar, for Respondent No.6.
Mr.S.S.Deokar, for Respondent No.5.
CORAM : PRADEEP NANDRAJOG, C.J. & N.M.JAMDAR, J. Date : 17 July, 2019.
P.C. :
2 13 PIL 64 - 2015.doc
Litigation that while effecting construction on plot bearing City Survey No.1652 and 1781 a drain abutting the land has been partially encroached upon resulting in the width of the drain being reduced to nearly half. The Report brings out that the natural stream as it passes through the hamlet, has been channelised, resulting in the formation of a drainage. The photograph Exhibit 'B' shows that the offending construction is at a corner of two roads. Two hume pipes of approximately 4 feet diameter have been laid across one street for the water to pass under the street. The photograph shows that the building has covered a part of the drain blocking one hume pipe.
3 13 PIL 64 - 2015.doc
orders if the construction made is contrary to the development norms i.e. covers area in excess of what is permissible. The unauthorised part of the building would be demolished. The officer shall comply with the mandamus within 12 weeks from today.
N.M.JAMDAR, J. CHIEF JUSTICE
1 issue framed by the court
Whether to direct removal of encroachment on a drain and demolition of unauthorized construction.
1 provisions across 1 enactments
Ajit Gangadhar Jagtap
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
