Disposed

Malhar Aneesha Deshmukh v. Navi Mumbai Municipal Corporation and Anr.

Bombay HC5 Jul 2024PIL/83/2024

Case brief

AI extract

What is this about?

This PIL petition addressed encroachment over a pond in Sanpada. The Court directed the NMMC to expedite action on notices issued on June 21, 2024, after hearing alleged encroachers, and remove encroachment within two months if found.

What did the court decide?

Direction to NMMC to act on notices issued on 21-06-2024, hear alleged encroachers, and remove encroachment within two months.

Malhar Aneesha Deshmukh vs Navi Mumbai Municipal Corporation and Anr. — Bombay HC (2024) — LawSathi Research

¶1

404-PIL-83-2024

¶2

Pdp

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶4

PUBLIC INTEREST LITIGATION NO. 83 OF 2024

¶5

Malhar Aneesha Deshmukh .. Petitioner

¶6

Versus

¶7

Navi Mumbai Municipal Corporation And Anr. .. Respondents

¶8

Mr. Malhar Aneesha Deshmukh, petitioner-in-person, present. Mr. Tejes Dande for respondent no.1 (NMMC). Ms. P. M. Bhansali, through VC, for respondent no.2 (CIDCO).

¶9

CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. & AMIT BORKAR, J.

¶10

DATE: 5^th JULY, 2024

¶11

P.C.:

¶12

1. Heard the petitioner, who appears in person, Mr. Tejes Dande, learned counsel appearing for respondent no.1Corporation and Ms. Bhansali, learned counsel appearing for respondent no.2/CIDCO.

¶13

2. The petitioner is a law student pursuing his LLB five years’ course at Government Law College, Mumbai. He has raised a serious and grave concern about encroachment made over a pond in Sanpada, Plot No. 1+2A, Sector 21, falling within the jurisdiction of Navi Mumbai Municipal Corporation (NMMC).

¶14

¶15

404-PIL-83-2024

¶16

3. Our attention has been drawn to seven notices dated 21^st June, 2024 issued by the NMMC to certain encroachers for removal of the encroachment. The submission of the petitioner is that the said notices are not being carried forward and are not being acted upon.

¶17

4. Once the notices have been issued by the NMMC, it is clear that NMMC recognizes the encroachment made on the aforesaid pond and accordingly under the provisions of the Maharashtra Regional and Town Planning Act, 1966, it becomes the statutory duty of the authorities concerned to ensure that encroachment from a pond land is removed.

¶18

5. Accordingly, without entering into the merits of the claim of the either parties, we disposed of this PIL petition with a direction to the NMMC to act upon the notices issued on 21^st June, 2024 and, after hearing the alleged encroachers, determine as to whether encroachment has been made or not. In case on such determination any encroachment is found, the same shall be removed in accordance with law by the authorities of the Corporation and other competent authorities, including the authorities of the revenue department, with expedition, say within a period of two months from today.

¶19

6. This order shall be communicated to the Municipal Corporation and other authorities by the learned counsel representing the NMMC as also by the State counsel.

¶20

Digitally signed by JAYANT JAYANT VISHWANATH VISHWANATH SALUNKE SALUNKE Date: 2024.07.05 19:30:45 +0530

¶21

(AMIT BORKAR, J.) (CHIEF JUSTICE)

¶22

Malhar Aneesha Deshmukh v. Navi Mumbai Municipal Corporation and Anr.

Case brief

What is this about?

What did the court decide?

Malhar Aneesha Deshmukh v. Navi Mumbai Municipal Corporation and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vijaykumar Wasudeorao Karanjkar and Others Vs Nagpur Municipal Corporation Thr. the Municipal Commissioner, Nagpur and Ors.

Vaibhav Vyankatrao Kamble and Others vs the State of Maha., Thr. the Secretary, School Education and Sports Dept., Mumbai and Ors.

Vanashakti Public Trust and an Environmental Non -Governmental Organization vs Muncipal Corporation of Greater Mumbai through Municipal Commissioner

Radhabai Chandrakant Mukne and Ors. vs the State of Maharashtra Thr Its Chief Secretary and Ors.

Mohd Usman Shaikh vs Kansari Mata Adivasi Samajik Vikas Sanstha and Ors.

Mangesh Bhaskar Mhatre vs Navi Mumbai Municipal Corporation through Commissioner and Ors.

Animal Rescue Trust through Vineeta Tandon vs Union of India ( Thr Ministry of Fisheries, Animal Husbandry and Dairying) and Ors.

Ashish Dnyandeo Mane vs Pune Municipal Corporation Thr. Its Commissioner and Ors.

Gujarati Kelavani Mandal vs the General Manager, Central Railway

Raghunath Rangnath Chitre vs Mangesh Shankar Sasane Chairman of Obc Welfare Foundation

Gopikisan Radhakisan Bajoria vs Mr. Sunil Modi and Ors.

A Globia Creations vs the Directorate of Medical Education and Research through the Commissioner

Rishabh Rajendra Aggarwal and Ors. vs the State of Maharashtra and Anr.

Smt. Gangubai Laxman Bhoir Decd Thru Lrs vs Jahida Nijamuddin Jalal Decd Thru Lhrs and Ors.