Mr. Shirish N. Jadhav And ORS. v. The Kalyan-Dombivali Municipal Corporation

spb/ 29pil196-14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 196 OF 2014 Mr. Shirish N. Jadhav & Others.

... Petitioners.

V/s.

The Kalyan -Dombivali Municipal Corporation, Kalyan, Dist. Thane ... Respondents.

--- Mr. Abhaysingh Shinde h/for Mr. Shekhar S. Bhise, Advocate for the Petitioner.

None for the Respondent.

--- CORAM : V. M. KANADE AND MRS.SWAPNA JOSHI,JJ.

DATE : 14th SEPTEMBER, 2016 P.C. :

None appears on behalf of the Petitioners.

By this petition, filed under Article 226 of the Constitution of India, the Petitioners are seeking writ, order and direction for quashing Resolution dated 20th June, 2013 passed by the General Body of the Kalyan-Dombivali Municipal Corporation on the ground that it is violative of Articles 14 and 21 of the Constitution of India. By the said Resolution it was resolved that as per the directions given by the High Court, a project was to be set up for disposal of solid waste. Borey 1/2

spb/ 29pil196-14.odt Since the said Resolution was passed to give effect to the order passed by this court, we are of the view that it cannot be said that the said Resolution is unconstitutional and violative of Articles 14 and 21 of the Constitution of India. Hence, PIL is dismissed, reserving the right of the persons aggrieved by the said Resolution by filing proper proceedings before the appropriate forum.

The PIL is disposed of in the aforesaid terms. (MRS.SWAPNA JOSHI,J.) (V. M. KANADE,J.) .....

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