Shri. Nilesh Manohar Baviskar v. High Court On Its Own Motion (In The Matter Of Jilani Building At Bhiwandi ) And ORS

3-IA-1304-2021 in SMPILNo.1-2020 Pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1304 OF 2021 IN SUO MOTU PUBLIC INTEREST LITIGATION NO.1 OF Shri Nilesh Manohar Baviskar ...

Applicant In the matter Between:

High Court on its own Motion (in the matter of Jilani Building At Bhiwandi) ...

Petitioner

Versus

Bhiwandi Nizampur Municipal Corporation & Ors.

...

Respondents Mr. Vijay S. Kurle for applicant/intervener.

Mr. Sharan Jagtiani, Senior Avocate with Mr. Rohan Surve, Advocate - Amicus Curiae with Mr. Malahhar Khan, Priyank Kapadia, Shradhha Achliya, Advocates.

Mr. R. S. Apte, Senior Advocate a/w Mr. N. S. Bobade i/by Mr. M.J. Bhatt for respondent No.1-BNMC.

Mr. Vijay D. Patil for respondent NO. 4 - UMC. Mr. R. S. Apte, Senior Advocate i/by Mr. Mandar Limaye for respondent No.5/TMC.

Mr. Sandeep Marne for respondent No.8.

Mr. Nitin V. Gangal a/w Mr. Ashok D. Kadam for respondent No.12-CIDCO.

Mr. P. P. Kakade, GP a/w Mr. B. V. Samant, AGP and Smt. G.R. Golatkar, AAGP for State.

3-IA-1304-2021 in SMPILNo.1-2020 CORAM :- DIPANKAR DATTA, CJ & G. S. KULKARNI, J.

DATE :- JULY 2, 2021 PC :

1.

Interim Application No. 1304 of 2021 is at the instance of a corporator of the Panvel City Municipal Corporation, whereby a prayer has been made for impleading the applicant as party-respondent in the suo motu PIL.

2.

We do not see reason to permit any individual corporator of any municipal corporation to be impleaded as a respondent in this suo motu PIL.

3.

The Interim Application is, accordingly, rejected. 4.

However, since it appears that the Panvel City Municipal Corporation has not been included in the array of respondents, we direct impleadment of such Corporation as an additional respondent. Office to carry out amendment in the cause title of suo motu PIL No. 1 of 2020 by impleading the Panvel City Municipal Corporation as party-respondent. Notice shall be served on the said added respondent-the Panvel City Municipal Corporation.

(G. S. KULKARNI, J.) (CHIEF JUSTICE)