Sou. Lata Vishnu Dhayarkar v. Pune Municipal Corporation And ORS.

28-PIL-139-2019 Pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELALTE JURISDICTION PUBLIC INTERST LITIGATION NO. 139 OF 2019 Sou. Lata Vishnu Dhayarkar .. Petitioner

Versus

Pune Municipal Corporation & Ors.

.. Respondents Mr. Sugandh B. Deshmukh for petitioner.

Ms. Neha Kachi i/by Talekar & Associates for respondent no.4. CORAM: S. V. GANGAPURWALA, ACTING CJ. & SANDEEP V. MARNE, J.

DATE:

FEBRUARY 27, 2023 P.C.:

1.

The petitioner seeks directions against the respondents to demolish the unauthorized construction.

2.

We have heard Mr. Deshmukh, learned counsel for the petitioner.

3.

It is pointed out that present respondent no.7 has filed a Civil Suit against the Municipal Corporation. The order of status quo has been passed by the trial Court and the same is in force. The learned counsel for the petitioner submits that the Municipal Corporation is not prosecuting the Suit diligently.

4.

It is for the Municipal Corporation to prosecute the Suit diligently and if its officers are not prosecuting the same, then the action can be taken by the Corporation against them. The learned counsel for the Corporation shall bring it to the notice of the officers of the Corporation about pendency of the Civil

28-PIL-139-2019 Suit and the steps to be taken in the Civil Suit by the Corporation.

5.

With these observations, the PIL is disposed of No costs. (SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE) Digitally signed by PRAVIN DASHARATH PANDIT Date:

2023.02.27 19:47:50 +0530 PRAVIN DASHARATH PANDIT