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Bombay High CourtPIL/20/2015disposed off

Pravinkumar Vijay Upadhyay v. The State Of Maharashtra And ORS

2019-04-22Hon'Ble The Chief Justice,Hon'Ble Shri Justice Nitin Jamdar3 pages

1 18.20.15 PIL.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INITEREST LITIGATION NO. 20 OF 2015 Pravinkumar Vijay Upadhyay .....Petitioner V/s.

The State of Maharashtra and others .....Respondents WITH CIVIL APPLICATION NO. 29 OF 2016 IN PUBLIC INITEREST LITIGATION NO. 20 OF 2015 Sandeep Thakur ....Applicant/Intervener

IN THE MATTER BETWEEN

Pravinkumar Vijay Upadhyay .....Petitioner V/s.

The State of Maharashtra and others .....Respondents None for the petitioner Nisha Mehra AGP for respondent No. 1 Mr. S. V. Marne for respondent No. 2 Mr. B. B. Sharma for respondent No. 3 Mr. Sandeep Thakur intervener in person

2 18.20.15 PIL.doc CORAM :

PRADEEP NANDRAJOG, CJ. & N. M. JAMDAR, J.

DATE :

APRIL 22, 2019.

P.C.

The petition concerns plot Nos. 153, 154, 1555, 158, 159 & 160, Sector 26/27 at C.B.D. Belapur. The plots are admittedly owned by CIDCO. The Navi Mumbai Municipal Corporation intended to use the plots as public garden. The petition was filed apprehending that on account of Mayor's bunglow being adjacent to the lands in question, perhaps the Mayor would use the land as a private garden.

Interim orders passed in the petition would show that Municipal Corporation would pay to CIDCO, the value agreed upon for the place so that title thereof vests in the Municipal Corporation and that the Corporation shall develop the land as a public park. Learned counsel for the CIDCO and the Municipal Corporation pray to the Court that the petition be disposed of directing that the

3 18.20.15 PIL.doc subject land on being vested with the Municipal Corporation shall be developed as a public park and would be open for public use as per Law and that no part of the land would be permitted to be used as private garden for the benefit of the occupants of the Mayor's bunglow.

Ordered accordingly. Petition is disposed of. In view of disposal of PIL, nothing survives in Civil Application No. 29 of 2016. Same stands disposed of accordingly. N. M. JAMDAR, J.

CHIEF JUSTICE