Mr. Narendra Harishchandra Bait And ANR v. The State Of Maharashtra Through The Govt. Pleader And ORS

PIL 118-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 118 OF 2016 Narendra Harishchandra Bait & Anr.

.. Petitioners V/s The State of Maharashtra & Ors.

.. Respondents None for the petitioners.

Mr. P.G. Sawant, AGP for the State.

Ms. Swati Sagvekar for respondent nos.2, 4 and 7. CORAM: DR. MANJULA CHELLUR, CJ. & G.S. KULKARNI, J.

DATE : 17th APRIL 2017 P.C.:

The petitioners and their advocate are absent. On 24th March 2017, we directed the petitioners to implead the persons who are making illegal encroachments on the canal in question, according to the petitioners. Though the matter came up subsequent to that date, till date no steps are taken for addition of parties.

2.

According to the petitioners, there are various illegal and unauthorised constructions which are going on in the vicinity of Vasai-Virar Municipal Corporation without complying with any law. According to them, in spite of various complaints and ABS

PIL 118-2016 representations and in spite of pointing out specific illegalities, the respondents have not taken appropriate action as per law. They have even indicated the village, plot number where the construction is in excess of permission granted or without permission or no guidelines are followed for putting up the construction. Since all the details are indicated in the petition itself and the petitioners are not taking any steps to comply with the directions dated 24th March 2017, we presume that the petitioners have lost interest to prosecute the matter.

3.

In that view of the matter, we direct the respondent Corporation including the Town Planning Department of the Corporation to consider the petition as representation and make a discreet inquiry into the matter and then take suitable action. The action taken report shall be submitted to this Court within 3 months from today.

4.

The PIL is disposed of with the above directions. (G.S. KULKARNI, J.) CHIEF JUSTICE ABS