In Public Interest Litigation No. 104 of 2021, the petitioner sought a direction to stop construction on Red Zone-affected land in Pune and action against permitting officers. The court found no permission for development on the affected area and dismissed the PIL.
PIL dismissed; no order as to costs.
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.
ppn 1 23. pil-104.21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
PRACHI PRANESH NANDIWADEKAR
Digitally signed by PRACHI PRANESH NANDIWADEKAR Date: 2022.06.14 PUBLIC INTEREST LITIGATION NO.104 OF 2021 16:27:54 +0530
Satish Jagdish Maral .. Petitioner Versus The State of Maharashtra & Ors. .. Respondents
Mr.Govind B. Solanke for the petitioner. Mr.P.P. Kakade, GP a/w Mr.M.M. Pabale, AGP for the State. Mr.Arvind Aswani for the respondent no.4.
Mr.Deepak R. More a/w Mr.Shivram A. Gawade for the respondent no.5.
Dr.Milind Sathe, Senior Advocate a/w Mr.J.G. Aradwad (Reddy) for the respondent no.7.
P.C.:-
. By this Public Interest Litigation, the petitioner seeks an order and direction against the respondent no.7 to stop construction work carried out on Survey Nos.56, 57 and 63 of Sharad Nagar, Village Nigdi, Pune as according to the petitioner, the development is affected by Red Zone of Central Ammunition Department, Dehu Road, Pune and further seeks action against the Officers permitting such development.
ppn 2 23. pil-104.21.doc
ppn 3 23. pil-104.21.doc
property admeasuring 329.66 sq.mtrs. of the respondent no.7 is affected by red zone. There is no permission for development granted by the SRA on any portion of 329.66 sq.mtrs. which is affected by red zone. The statements made in the affidavit filed by the SRA and learned senior counsel made across the bar are accepted.
M.S. KARNIK, J.
R.D. DHANUKA, J.
2 issues framed by the court
Whether to grant relief to stop construction work on land affected by the Red Zone of the Central Ammunition Department.
Whether permissions granted by the Slum Rehabilitation Authority for development on land affected by the Red Zone are permissible.
Prachi Pranesh Nandiwadekar
The State of Maharashtra
M.S. Karnik
R.D. Dhanuka
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
