Mr. Mahesh Vishwanath Chavan v. The State Of Maharashtra, Through Principal Secretary, Urban Development Dept And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO.08 OF 2014 Mahesh Vishwanath Chavan

...Petitioner

vs.

The State of Maharashtra and Others

...Respondents

Mr. Mahesh Vishwanath Chavan, the Petitioner in person. Mr. A.I. Patel, AGP for Respondents-State.

Mr. I.M. Khairdi, for Respondent No. 4.

Ms. Neha Bhide, AGP for Respondent Nos. 1, 2, 3, 10 and 11. Mr. N.P. Shimpi, for Respondent Nos. 12 to 12(I). CORAM :

SHANTANU KEMKAR & MAKARAND KARNIK, JJ.

DATE :

AUGUST 10, 2016 P.C.:

.

Through this Public Interest Litigation the Petitioner who is present in person has alleged inaction on the part of Municipal Corporation, Solapur in not taking any action on his various complaints in regard to illegal and unauthorized construction raised by Respondent Nos. 12 to 12(I).

2.

The grievance of the Petitioner is that the construction in question has been raised on a reserved land. In respect of his contention, the Petitioner has placed on record various documents including written 1/3

submission along with a Final Development Plan. 3.

Today when the matter came up for hearing, it has been stated by the learned counsel for the Municipal Corporation that the Petitioner's grievance can be directed to be looked into by the Municipal Commissioner and in regard to that appropriate action will be taken. 4.

In view of the aforesaid, as agreed by the learned counsel for the parties, we dispose of this Petition with liberty to the Petitioner to submit a detailed comprehensive representation with the relevant documents before the Commissioner, Municipal Corporation, Solapur within three weeks from today. On receipt of such representation, the Commissioner shall consider the same and take appropriate decision on it as expeditiously as possible but not later than three months from the date of receipt of such representation.

5.

Before taking decision as aforesaid, the Commissioner shall give opportunity of hearing to the Petitioner as also to Respondent Nos. 12 to 12(I).

6.

Needless to say that the Commissioner shall take into 2/3

consideration all the documents filed by the Petitioner and thereafter pass a speaking order.

(MAKARAND KARNIK, J.) (SHANTANU KEMKAR, J.) 3/3