Haishankar Raman Kunan v. The State Of Maha. Thr. Secretary Dept. Of Public Works And ORS

12-PIL.7.2023.doc Mohite

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by TRUSHA TUSHAR MOHITE Date:

2023.03.17 20:06:55 +0530 CIVIL APPELLATE SIDE JURISDICTION TRUSHA TUSHAR MOHITE PUBLIC INTEREST LITIGATION NO. 7 OF 2023 Jaishankar Raman Kunan } Petitioner

Versus

The State of Maharashtra & Ors. } Respondents Mr.S.B.Deore a/w Mr.Himanshu Thakur a/w Mr.S.J.Pawar i/b Ms.Sushma G. Sangle for the Petitioner Mr.P.P.Kakade, G.P. a/w Ms.R.A.Salunkhe, A.G.P. for the State Mr.A.S.Rao for the Respondent no.2 Mr.Amogh Singh a/w Ms.Carina Xavier for Respondent nos.3 and 4

CORAM:

S. V. GANGAPURWALA, Act.CJ.& SANDEEP V. MARNE, J.

DATE:

MARCH 17, 2023 P.C.:

1.

Heard the learned Counsel for the Petitioner. 2.

The learned counsel submits that the tender is issued for the construction of road by the Respondent Ambarnath Municipal Council. The slum is situated in the said vicinity. The slum dwellers would be affected by the construction of the road. They have not been provided with any alternate rehabilitation nor any notice is issued to the slum dwellers.

3.

The tender in question states that the road to be constructed is a development plan road. There are no details as to which are those slum dwellers affected by the construction of

12-PIL.7.2023.doc the road nor any representation or claim has been made before the Municipal Council or any other state authority. 4.

In case the huts of the legitimate slum dwellers are affected then they may approach the authorities concerned with their grievance and if the grievances are not being redressed then may approach the court.

5.

With these observations, the Public Interest Litigation is disposed of. No costs.

(SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE)