High Court at Aurangabad disposed of a PIL regarding encroachment on a public road. Directions were issued to the Collector to decide a pending representation within six weeks.
Directions to decide representation submitted on 05.02.2019 within 6 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.
907-PIL-84-19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
PUBLIC INTEREST LITIGATION NO. 84 OF 2019
Narayan Pushpa Gruha Nirman Co-operative Society, Chikalthana, Aurangabad Through its Chariman
..PETITIONER
VERSUS
State of Maharashtra and Others
..RESPONDENTS
Mr. N. L. Jadhav, Advocate for petitioner Ms. R.P.Gaur, A.G.P. for respondent – State
CORAM : P.B. VARALE AND R.G. AVACHAT, JJ. DATED : 18th JULY, 2019
PER COURT :
Heard Mr. Jadhav, learned Counsel appearing for petitioner.
Aurangabad. Mr. Jadhav was fair enough to invite our attention to Government Resolution dated 10th October, 2013. Perusal of said government resolution shows that state government in its wisdom thought it fit to issue necessary directions for removal of encroachment and prevention
of such encroachment by taking appropriate steps including lodgment of
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907-PIL-84-19.odt
criminal cases. The government resolution states about moralities including preparation of list of such encroachments either in rural or urban areas and placement of such list on public places with warning of the consequences. The said government resolution, in clause (3), specifically states that prevention of such encroachments is the responsibility of the departments, in whose possession the land belongs and at the same time clauses (3) and (4) speak of joint responsibility and coordination. It may not be out of place to state that state government has also issued fresh government resolution on the very subject on the backdrop of directions of the Hon'ble Apex Court to take decision.
( R.G. AVACHAT, J. ) ( P.B. VARALE, J. )
SSD
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1 issue framed by the court
Whether the public interest litigation regarding encroachment on public road area in Chikalthana can be disposed of by issuing directions.
Narayan Pushpa Gruha Nirman Co-operative Society, Chikalthana, Aurangabad
State of Maharashtra
P.B. VARALE
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
