Sameer Gulab More v. Executive Engineer, Cidco Limited And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 73 OF 2018 Mr. Sameer Gulab More ..Petitioner Vs.

Executive Engineer, CIDCO Limited and ors.

..Respondents Mr. J. P. Kharge for petitioner.

Mr. P. P. Kakade, AGP for respondent No. 5.

CORAM: PRADEEP NANDRAJOG, CJ. & N. M. JAMDAR, J.

APRIL 30, 2019.

P.C.

1.

It is time to terminate proceedings in the Public Interest Petition for the reason case of the petitioner is that CIDCO developed a residential colony, named, "GHARKUL". There was open land in the colony which was numbered as Plot No. 19. In the year 2014 after erecting a platform and using polythene sheets, a shed was erected by respondent No.4. On

2/2 24-pil-73-18.doc complaints being made, CIDCO demolished the shed but did not remove the platform on which the shed was constructed. It is pleaded that CIDCO commenced development of the land as a garden. The grievance is that the concrete base which was constructed on which the shed was erected has not been removed. 2.

Current status shows that CIDCO has approved the plan showing where trees would be planted, benches would be fixed, children area etc. The plan shows that the platform against which the Public Interest Petition is directed would be removed. 3.

The petition is disposed of directing CIDCO to remove the cemented platform illegally erected so that the entire land could be used for development of the park as per approved plan. The direction would be complied with, if the platform still exists. Compliance would be made within three weeks. N. M. JAMDAR, J. CHIEF JUSTICE