Satpur Scrap Merchant Association, Through Chairman, Imtiyaz Nebul Chaudhary v. The State Of Maharashtra And ORS
Atul
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9399 OF 2012 Satpur Scrap Merchant Association, through Chairman Imtiyaz Nebul Chaudhary
...Petitioner
Versus
The State of Maharashtra & Ors
...Respondents
WRIT PETITION NO. 7880 OF 2012 Shabbir Alam Ansari & Ors
...Petitioners
Versus
The State of Maharashtra & Ors
...Respondents
WRIT PETITION NO. 11230 OF 2013 Satpur Ambad Link Road Scrap Merchants Association, through Chairman, Mobin Chaudhary
...Petitioners
Versus
The State of Maharashtra & Ors
...Respondents
PUBLIC INTEREST LITIGATION NO. 3 OF 2011 WITH CIVIL APPLICATION NO. 100 OF 2012 AND CIVIL APPLICATION NO. 174 OF 2011 Bhangar Virodhi Kruti Samiti & Anr
...Petitioners
Versus
The Municipal Corporation of City of Nashik & Ors
...Respondents
Mr Ketan Joshi, for the Petitioner in PIL/3/2011. Mr ML Patil, for the Nashik Municipal Corporation. CORAM: S.C. DHARMADHIKARI & G.S. PATEL, JJ DATED:
PC:- 1.
The petitioners are admitting that the Municipal Corporation of Nashik has indeed taken action against the encroachers and removed them. Even their structures are razed to the ground. That they are repeatedly coming back at site and encroaching again and again on land not belonging and not vesting in the Municipal Corporation is no ground at all to interfere. It would not enable us to go on monitoring the situation at site.
2.
Anybody aggrieved and dissatisfied with an incomplete action of the Municipal Corporation is free to approach the competent Court. We do not think that a Civil Court is so powerless that it cannot take any cognizance of the complaints of the nature made in this petition. We do not think approaching this Court by filing a Public Interest Litigation would provide a complete redress. We do not think that we should entertain any of these petitions or continue to monitor the activity of removal of encroachments at the site any further.
3.
All the petitions are, therefore, disposed of.
4.
All civil applications do not survive in the light of disposal of the writ petition and the same are disposed of. (S.C. DHARMADHIKARI, J) (G. S. PATEL, J)