Disposed

Joshi Shivshankar Jatashankar v. District Collector, Mumbai Suburban District and 4 Ors.

Bombay HC13 Mar 2023PIL/2/2011

Case brief

AI extract

What is this about?

In a Public Interest Litigation regarding cancellation of a redevelopment plan for writ land allegedly reserved as a garden, the Bench noted the death of the PIL petitioner and the withdrawal of the related Writ Petition with no appearances by any party, resulting in the disposal of the PIL.

What did the court decide?

The Public Interest Litigation stands disposed of.

Joshi Shivshankar Jatashankar Vs District Collector, Mumbai… — Land Acquisition | Bombay HC (2023)

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30.2.11-pil.docx

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Digitally signed by BASAVRAJ BASAVRAJGURAPPA GURAPPAPATIL PATIL Date: 2023.03.15 13:15:06 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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PUBLIC INTEREST LITIGATION NO. 2 OF 2011

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Joshi Shivshankar Jatashankar ….. Petitioner

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Vs.

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Dist. Collector, Mumbai Suburban & Ors. ….. Respondents

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WITH

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WRIT PETITION NO.212 OF 2016

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Prathemesh Natural Home ….. Petitioner

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Vs.

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Dist. Collector, Mumbai & Anr. ….. Respondents

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None for the Petitioner in PIL

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Ms. Manisha Desai I/b. M/s. M. P. Vashi & Associates for the Petitioner in Writ Petition

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Mr. Ashutosh Kumbhakoni, Senior Advocate I/b. Akshay Shinde for Respondent Nos.5 and 6

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Mr. L. T. Satelkar, AGP for the State in PIL

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Mr. Kedar Dighe, AGP for the State in Writ Petition

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Ms. Oorja Dhond I/b. S. K. Sonawane for the Respondent Municipal Corporation

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Mr. Sandeep Kolhe, Assistant Engineer (Building Proposal) and Mr. Suyash Balipi, Sub-Engineer (Building Proposal) “N” Ward present

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CORAM: S.V.GANGAPURWALA, ACJ & SANDEEP V. MARNE, J.

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DATED : MARCH 13, 2023

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P.C.

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The present PIL was called out on 9^th March 2023. None

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appeared on the said date. The matter was thereafter kept on 10^th

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March 2023. On 10^th March 2023 again, none appeared for the

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Basavraj

30.2.11-pil.docx

Petitioner. The matter was then kept on 13^th March 2023, i.e. today.

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Today, in the morning session, when it was called out none appeared for the Petitioner. The same was kept back. In the afternoon session also none appeared for the Petitioner.

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Mr.Kumbhakoni, the learned Senior Advocate for the Respondents submits that the Petitioner was appearing in-person and the Petitioner has died on 27^th April 2021.

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In the PIL, the relief sought is against the order dated 22^nd December 2008. The Petitioner was seeking cancellation of the redevelopment plan on the ground that the writ land is reserved for garden. It has come on record by way of affidavit that the said land is not reserved in the development plan for garden.

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Writ Petition bearing No.212 of 2016 was directed to be heard along with the present PIL. The learned Counsel for the Petitioner in the Writ Petition submits that the Petitioner has no objection if the present Writ Petition is de-tagged from the PIL.

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In light of the above, nothing survives in the present PIL, the PIL stands disposed of.

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(SANDEEP V. MARNE, J)

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(ACTING CHIEF JUSTICE)

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Basavraj

Joshi Shivshankar Jatashankar v. District Collector, Mumbai Suburban District and 4 Ors.

Case brief

What is this about?

What did the court decide?

Joshi Shivshankar Jatashankar v. District Collector, Mumbai Suburban District and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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