Disposed

Shri. Nilesh Manohar Baviskar v. High Court on Its Own Motion (in the Matter of Jilani Building at Bhiwandi ) and Ors.

Bombay HC2 Jul 2021IA/1304/2021

Case brief

AI extract

What is this about?

This single-paragraph order by the High Court of Judicature at Bombay rejected the prayer for impleading an individual corporator as a respondent in a suo motu PIL while simultaneously directing the impleadment of the Panvel City Municipal Corporation.

What did the court decide?

Interim application rejected; Panvel City Municipal Corporation directed to be impleaded as additional respondent.

Shri. Nilesh Manohar Baviskar Vs High Court on… — Municipal and Town Planning | Bombay HC (2021)

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3-IA-1304-2021 in SMPILNo.1-2020

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Pdp

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 1304 OF 2021 IN

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SUO MOTU PUBLIC INTEREST LITIGATION NO.1 OF 2020

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Shri Nilesh Manohar Baviskar

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… Applicant

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In the matter Between :

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High Court on its own Motion (in the matter of Jilani Building At Bhiwandi)

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… Petitioner

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Versus

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Bhiwandi Nizampur Municipal Corporation & Ors. … Respondents

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Mr. Vijay S. Kurle for applicant/intervener.

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Mr. Sharan Jagtiani, Senior Avocate with Mr. Rohan Surve, Advocate – Amicus Curiae with Mr. Malahhar Khan, Priyank Kapadia, Shradhha Achliya, Advocates.

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Mr. R. S. Apte, Senior Advocate a/w Mr. N. S. Bobade i/by Mr. M.J. Bhatt for respondent No.1-BNMC.

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Mr. Vijay D. Patil for respondent NO. 4 – UMC.

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Mr. R. S. Apte, Senior Advocate i/by Mr. Mandar Limaye for respondent No.5/TMC.

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Mr. Sandeep Marne for respondent No.8.

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Mr. Nitin V. Gangal a/w Mr. Ashok D. Kadam for respondent No.12-CIDCO.

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Mr. P. P. Kakade, GP a/w Mr. B. V. Samant, AGP and Smt. G.R. Golatkar, AAGP for State.

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3-IA-1304-2021 in SMPILNo.1-2020

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CORAM :- DIPANKAR DATTA, CJ & G. S. KULKARNI, J.

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DATE :- JULY 2, 2021

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PC :

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Interim Application No. 1304 of 2021 is at the instance of a corporator of the Panvel City Municipal Corporation, whereby a prayer has been made for impleading the applicant as party-respondent in the suo motu PIL.

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We do not see reason to permit any individual corporator of any municipal corporation to be impleaded as a respondent in this suo motu PIL.

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The Interim Application is, accordingly, rejected.

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However, since it appears that the Panvel City Municipal Corporation has not been included in the array of respondents, we direct impleadment of such Corporation as an additional respondent. Office to carry out amendment in the cause title of suo motu PIL No. 1 of 2020 by impleading the Panvel City Municipal Corporation as party-respondent. Notice shall be served on the said added respondent-the Panvel City Municipal Corporation.

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(G. S. KULKARNI, J.) (CHIEF JUSTICE)

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Shri. Nilesh Manohar Baviskar v. High Court on Its Own Motion (in the Matter of Jilani Building at Bhiwandi ) and Ors.

Case brief

What is this about?

What did the court decide?

Shri. Nilesh Manohar Baviskar v. High Court on Its Own Motion (in the Matter of Jilani Building at Bhiwandi ) and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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