Public Kind Trust v. Ulhasnagar Municipal Corporation , Through Its Commissioner And ORS.

6.cai.3-20 PMB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3 OF 2020 IN PUBLIC INTEREST LITIGATION NO. 37 OF 2018 Public Kind Trust ..Applicant Digitally signed by PRADNYA MAKARAND BHOGALE Date:

2022.03.22 18:23:10 +0530 PRADNYA MAKARAND BHOGALE

IN THE MATTER BETWEEN

Public Kind Trust .. Petitioner vs.

Ulhasnagar Municipal Corporation and ors. ..Respondents -------- Ms. Minal J. Chandnani for applicant.

Mr. P.P. Kakade, Government Pleader a/w Mr. M.M. Pable, AGP for State-respondent nos. 2, 3 and 5.

Mr. Saket Mone a/w Mr. Abhishek Salian i/b. Vidhi Partners for respondent no.1.

Ms. Huda Diamondwala i/b. Diamondwala & Co. for respondent no. 4.

-------- CORAM : DIPANKAR DATTA, CJ & M. S. KARNIK, J.

DATE : MARCH 21, 2022 P.C. :

1.

Public Interest Litigation No. 37 of 2018 was dismissed for default by an order dated July 18, 2019. Civil Application No. 3 of 2020 is an application seeking recall of such order and for restoration of the PIL petition to its original file and number.

2.

We have heard learned advocates for the parties. 3.

Cause shown for recall of the order dated July 18,

6.cai.3-20 2019 is sufficient. We, therefore, recall the order dated July 18, 2019. The PIL petition is restored to its original file and number. Civil Application No. 3 of 2020 is disposed of without any order costs.

4.

Mr.

Mone, learned advocate representing the respondent no. 1 tenders reply-affidavit to the PIL petition. The same may be retained with the records.

5.

All other respondents may file reply-affidavit to the PIL petition within 3 (three) weeks; rejoinder to all replyaffidavits, if any, may be filed by 3 (three) weeks thereafter. 6.

List the PIL petition on May 2, 2022.

(M. S. KARNIK, J.) (CHIEF JUSTICE)