In PIL No. 7 of 2023, a petition challenged the tender for road construction affecting slum dwellers without rehabilitation. The court observed that legitimate slum dwellers must approach authorities for grievance redressal and disposes of the petition with no 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.
12-PIL.7.2023.doc
Mohite
Digitally signed by TRUSHA TRUSHA TUSHAR TUSHAR MOHITE MOHITE Date: 2023.03.17 20:06:55 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION
PUBLIC INTEREST LITIGATION NO. 7 OF 2023
Jaishankar Raman Kunan } Petitioner Versus The State of Maharashtra & Ors. } Respondents
Mr.S.B.Deore a/w Mr.Himanshu Thakur a/w Mr.S.J.Pawar i/b Ms.Sushma G. Sangle for the Petitioner
Mr.P.P.Kakade, G.P. a/w Ms.R.A.Salunkhe, A.G.P. for the State
Mr.A.S.Rao for the Respondent no.2
Mr.Amogh Singh a/w Ms.Carina Xavier for Respondent nos.3 and 4
CORAM: S. V. GANGAPURWALA, Act.CJ.& SANDEEP V. MARNE, J.
DATE: MARCH 17, 2023
P.C.:
1. Heard the learned Counsel for the Petitioner.
2. The learned counsel submits that the tender is issued for the construction of road by the Respondent Ambarnath Municipal Council. The slum is situated in the said vicinity. The slum dwellers would be affected by the construction of the road. They have not been provided with any alternate rehabilitation nor any notice is issued to the slum dwellers.
3. The tender in question states that the road to be constructed is a development plan road. There are no details as to which are those slum dwellers affected by the construction of
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12-PIL.7.2023.doc
the road nor any representation or claim has been made before the Municipal Council or any other state authority.
4. In case the huts of the legitimate slum dwellers are affected then they may approach the authorities concerned with their grievance and if the grievances are not being redressed then may approach the court.
5. With these observations, the Public Interest Litigation is disposed of. No costs.
(SANDEEP V. MARNE, J.)
(ACTING CHIEF JUSTICE)
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1 issue framed by the court
Whether the petitioner is entitled to an opportunity for rehabilitation before the construction of the road affects slum dwellers.
1 provisions across 1 enactments
Jaishankar Raman Kunan
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
