PIL petitioners sought maintenance of paths at Mahabaleshwar. Court accepted affidavit stating repair proposal for 60 Lakhs was under approval and directed Respondents to maintain paths effectively every year. PIL disposed.
Directed Respondents to maintain paths, trails, and rides effectively every year.
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63.164.22-pil.docx
Digitally signed by BASAVRAJ BASAVRAJ GURAPPA GURAPPA PATIL PATIL Date: 2023.02.07 18:57:44 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO. 164 OF 2022
Kishor Mansukhani & Ors. ….. Petitioners
Vs.
The State of Maharashtra & Ors. ….. Respondents
Mr. Ajinkya M. Udane for the Petitioners Mr. M. M. Pabale, AGP for the State
CORAM: S.V.GANGAPURWALA, ACJ & SANDEEP V. MARNE, J.
DATED : FEBRUARY 6, 2023
P.C.
1. Mr. Udane, the learned Counsel for the Petitioners submits that the paths, trails and rides at Mahabaleshwar are to be maintained. Because of the weather conditions, same are destroyed. May be because of climatic conditions, the paths, trails and rides have been destroyed and the Respondents are duty bound to maintain that. The Heritage Committee has also suggested necessary task to be done.
2. We have heard the learned AGP. Affidavit is filed by the Assistant Conservator of Forest (Afforestation) Satara. It states that the Department is taking steps every year. The paths, trails and rides are damaged due to heavy rainfall and landslide. The Forest Department takes steps every year to keep the trails, paths and
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Basavraj
63.164.22-pil.docx
rides properly maintained by restoring the damaged / destroyed trails, paths and rides. In the affidavit, it is also stated that now the proposal of Rs.60,00,000/- (Rs. Sixty Lacs Only) for repair of rides of 26 places at Mahabaleshwar was submitted for approval to the MTDC. The approval is not yet received. Upon receipt of the approval and the estimated amount of money, the paths, trails and rides will be maintained in proper condition also.
3. We accept the statement made on affidavit. The Respondents
shall take necessary steps for maintenance of the paths, trails and rides, effectively, every year.
4. With these observations, the PIL stands disposed of.
(SANDEEP V. MARNE, J)
(ACTING CHIEF JUSTICE)
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Basavraj
Kishor Mansukhani
The State of Maharashtra
S.V. Gangapurwala
Sandeep V. Marne
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
