Jagannath Narsimal Naidu v. State Of Maharashtra, Through Secretary, Urban Development Dept And ORS

suresh 21-PIL-214.2013.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO.214 OF 2013 Jagannath Narsimal Naidu .... Petitioner Vs.

State of Maharashtra & Others .... Respondents Ms Payal Jain i/by Smt. Neeta Karnik for the Petitioner. Mr. P.P. Kakade, GP, with Ms R.A. Salunkhe, AGP, for Respondent Nos.1 to 3.

Mr. R.S. Apte, Senior Advocate i/by Mr. A.A. Garge for Respondent Nos.4 & 5.

CORAM: S.C. DHARMADHIKARI & R.I. CHAGLA, JJ.

DATE : NOVEMBER 04, 2019 P.C:

1.

It appears that the essential prayer in the PIL was seeking dissolution of a Municipal Council (respondent No.4). 2.

That was because of the acts attributed to that Municipal Council during a term.

3.

Now, the allegation remains and that is very serious. That allegation is that, in the City of Lonavala there is rampant unauthorized construction activity. That construction activity is ongoing and not attributed only to one or two persons who held office as Councillors one time or the other. The fact, therefore,

suresh 21-PIL-214.2013.doc remains that though the term of the Council, when the petition was filed was not over, by passage of time it is over. However, the construction activity has not been brought under control nor are the complaints decreasing. In such circumstances, by clarifying that the issue of illegal and unauthorised construction activity in Lonavala and on occasions at the behest or with the blessings of the administration and the Councillors is kept open for being redressed in an appropriate case, we dispose of this PIL.

(R.I. CHAGLA, J.) (S.C. DHARMADHIKARI, J.)