Citizens Unity Forum, Panvel Through Its President Mr. Arun Bhise v. The State Of Maharashtra Through Government Pleader And ORS

PIL. 148-15 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION No. 148 OF 2015 CITZEN's Unity Forum, Panvel ...

Petitioners Vs.

The State of Maharashtra & Anr.

...

Respondents *** Nonefor the Petitioners.

Mr. N. C. Walimbe, AGP for the Respondent Nos. 1 & 5. Mr. Sharan Jagtiani i/b M/s. Divya Shah Associates, for Respondent No. 6.

*** CORAM : V. M. KANADE, & Smt. SWAPNA S. JOSHI, JJ.

DATE : SEPTEMBER 1, 2016 PC.

1.

None appears on behalf of the Petitioners. The Petitioners have filed the present PIL, seeking following reliefs: "(a) that this Hon'ble Court may be pleased to issue a writ of mandamus or any other writ of appropriate nature and pass an order or direction directing the respondents to direct the respondent to remove the impediments and encroachments to ensure hassle free traffic movement from Palspephata - Panvel 1 / 2

PIL. 148-15 to Kalamboli-Rohinjan and upto Shilphata; and (b) that this Hon'ble Court may be pleased to issue a writ of mandamus or any other writ of appropriate nature and pass an order or direction directing the CIDCO Ltd. to submit a detailed report of current status of encroachment with its remedies and suggestions.

(c) that this Hon'ble Court may be pleased to take stringent deterrent action against concerned authorities who have not performed their duties even at par.

(d) Interim and ad-interim relief in terms of prayer clause (a) to (c) above be granted;

(e) any other further order and / or direction be given as the nature and circumstances of the case may require."

2.

We are afraid that we will not be in a position to give a direction, which is sought by the Petitioners while exercising our writ jurisdiction under Article 226 of the Constitution of India. PIL is, therefore, dismissed.

Sd/- Sd/- [Smt. SWAPNA S. JOSHI, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2