Disposed

Mr. Rajiv Bhagelu Gupta v. the State of Maharashtra and Ors.

Bombay HC4 Jul 2022PIL/8/2020

Case brief

AI extract

What is this about?

This order in a public interest litigation directed the Bombay Municipal Corporation to file an affidavit regarding demolished and pending illegal structures, specifically schools, and to affix permanent cautionary boards alerting the public to their illegal status and demolition orders within four weeks.

What did the court decide?

Directions to file an affidavit within four weeks and affix permanent cautionary boards on illegal school structures within four weeks.

Mr. Rajiv Bhagelu Gupta Vs the State of Maharashtra… — Education and Admissions | Bombay HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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PUBLIC INTEREST LITIGATION NO. 8 OF 2020

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Mr. Rajiv Bhagelu Gupta … Applicants vs. The State of Maharashtra & Ors. … Defendants

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WITH

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PUBLIC INTEREST LITIGATION (ST) NO. 92282 OF 2020

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WITH

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PUBLIC INTEREST LITIGATION NO. 7 OF 2020

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Terence Roman Hendriques … Applicants vs. The State of Maharashtra … Respondents Thru the Govt. Pleader The Commissioner PMC, Shivaji Nagar Pune and Ors.

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WITH

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PUBLIC INTEREST LITIGATION NO. 7 OF 2020

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Terence Roman Hendriques … Applicants vs. The State of Maharashtra … Respondents Thru the BP High Court and Ors.

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Mr. Ajay S. Jaiswal for the Petitioner.

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Mr. P. P. Kakade – GP a/w. Smt. R. A. Salunkhe, AGP for the State – Respondent no. 1 in PIL(ST)/92282/2022 for Respondent nos. 1, 3, 4 and 6 in PIL/08/2022 and for Respondent no. 1 in PIL/07/2020.

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Digitally signed by RAJESHWARI RAMESH PILLAI Date: 2022.07.08 16:26:19 +0530

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RAJESHWARI RAMESH PILLAI

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22-PIL-8-2020-PILST-92282-2020-PIL-7-2020.odt rrpillai

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Mr. Ashutosh Gole for Respondent no. 16 in PIL/7/2020.

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Ms. Swati Sagvekar for Respoondent nos. 2 to 4 VVMC in PIL/7/2020 and for Respondent no. 2 in PIL/8/2020 and for Respondent nos. 2 and 3 in PIL(ST)/92282/2020.

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Mr. S. V. Chaugule for Respondent nos. 7 and 8 in PIL/8/2020 for Respondent NO. 4 IN PIL(ST)/92282/2020 for Respondent no. 17 in PIL/7/2020.

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CORAM : A. K. MENON &

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M.S. KARNIK , JJ.

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DATED : 4th JULY, 2022

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P.C. :

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1, On 6th June, 2022 the Court has observed that only one aspect covered in the Judgment and Order dated 26th February, 2022 in Suo Motu Public Interest Litigation No. 1 of 2020 remained to be considered viz. disclosure of the number of demolitions ordered, number of caveats lodged and number of demolition orders implemented along with the number of cases in which demolition orders could not be carried out.

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It is however submitted by Mr. Jaiswal today that there are several structures which are illegal and demolition is yet to take place. Some partial demolition is carried out. Some structures still stand are occupied and are being used for commercial purposes. Schools are being run from these structures. The parents of the children who are getting their wards admitted to these schools have no way of ascertaining that the school building is illegal and facing an order of demolition.

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2/3

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22-PIL-8-2020-PILST-92282-2020-PIL-7-2020.odt rrpillai

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Ms. Sagvekar states that the Corporation shall now ensure that all these structures which are facing demolition orders are listed, verified and suitable cautionary boards of a permanent nature are affixed on the outer wall of the school alerting members of the public and all concerned to the effect that structures are not legal and that there are orders for their demolition and hence members of the public shall take notice of the same.

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We accept the statement and pass the following order :

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(i) Affidavit disclosing particulars per paragraph 1 above shall be filed within four weeks from today.

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(ii) Let the Notice boards alerting the public at large be fixed in terms of paragraph 3 above within a period of four weeks from today.

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(iii) Petition is disposed in the above terms.

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(M. S. KARNIK, J.)

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(A. K. MENON, J.)

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3/3

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22-PIL-8-2020-PILST-92282-2020-PIL-7-2020.odt rrpillai

Mr. Rajiv Bhagelu Gupta v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Mr. Rajiv Bhagelu Gupta v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

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