The High Court held that a PIL regarding mandatory demolition of constructions abutting an alleged National Highway in Osmanabad became infructuous once the road's status was changed to an internal road due to a bypass.
Petition declared infructuous; security deposit of Rs. 50,000 returned to Petitioner No. 2.
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.
PIL 74/11
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
4 PUBLIC INTEREST LITIGATION NO.74 OF 2011
WITH CA/13556/2011 IN PIL/74/2011 WITH CA/2572/2012 IN
PIL/74/2011
SHAHURAJ LAXMAN MANE AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioners : Shri A.D. Kawre h/f Shri Joshi
Hrishikesh A.
AGP for Respondent nos.1,2,4 & 5: Shri S.B. Yawalkar
Advocate for Respondent no.3 : Shri K.J. Ghute Patil
Advocate for Respondent no.6 : Shri V.R. Dhorde
Respondent no.7 served.
CORAM: PRADEEP NANDRAJOG, CJ & R.G. AVACHAT, J.
DATE: 26.09.2019
PER COURT :
1] Public interest litigation was filed on the premise that the road abutting Survey No.251 in village Omerga Tq.Omerga Dist.Osmanabad, was a National Highway and, therefore, constructions made leaving less distance between the line of the buildings and the centre of the road as required by law, warranted direction to be issued that the constructions be demolished.
PIL 74/11
2] The portion of the road was given the status of an internal road
within Municipal limits for the reason highway alignment of the National Highway was changed by constructing a bypass road. Thus, in view of the said changed fact, learned counsel for the petitioners concedes that the petition has been rendered infructuous.
3] We note that pursuant to the order dated 14.7.2014, the petitioners have deposited rupees fifty thousand in this Court to show their bona-fides. Since petitioner No.1 has withdrawn himself and only petitioner No.2 is pursuing the petition, while disposing of the petition as infructuous, we direct the Registry to return rupees fifty thousand to petitioner No.2. If any interest has accrued on the said deposit, the same shall also be paid over to petitioner No.1.
(R.G. AVACHAT, J.) CHIEF JUSTICE
ndk/c269193.doc
2 issues framed by the court
Whether the public interest litigation remains maintainable in view of the changed fact that the National Highway was diverted via a bypass.
Whether directions should be issued for demolition of constructions abutting the alleged road.
Shahuraj Laxman Mane and Another
The State of Maharashtra and Others
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