Mr. Pravin Ashok More v. Municipal Commissioner, Malegaon Municipal Corporation And ORS

(18) PIL 63-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Amk PUBLIC INTEREST LITIGATION NO. 63 OF 2015 Mr. Pravin Ashok More .. Petitioner Vs.

Municipal Commissioner, Malegaon Municipal Corporation & Ors.

.. Respondents Mr. Abhijit Patil i/b Ajay Patil for the Petitioner. Mr. M. M. Pabale, AGP for Respondent No.5-State. Mr. S. S. Patwardhan for Respondent Nos.1 & 2. CORAM : PRADEEP NANDRAJOG, C.J. & SMT. BHARATI DANGRE, J.

DATE : 22 nd AUGUST, 2019.

P. C. :

1.

The grievance in the Public Interest Litigation is to unauthorized encroachment on the old Mumbai-Agra Road and two roads shown in the development plan.

2.

The reply brings out that there are no encroachments on the old Mumbai-Agra Road and as regards the allegations of encroachments on the two roads shown in the development plan, the reply is that as a matter of fact no roads were constructed because the development plan was not given effect.

3.

Thus, the question of encroachment on two roads shown in the development plan does not arise.

4.

Be that as it may, even the Petitioner has died. 1/2

(18) PIL 63-15 5.

We would have substituted the Petitioner by proceeding ahead suo motu it a public cause survived for consideration. Since none survives, the Petition is disposed of as infructuous. [SMT. BHARATI DANGRE, J.] [CHIEF JUSTICE] 2/2