Sapan Shrivastava And ANR v. Itc Grand Central Hotel And ORS

917-CRPILST.44.2017.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION (ST) NO. 44 OF 2017 Sapan Shrivastava and Anr. } Petitioner versus ITC Grand Central Hotel } and Ors.

} Respondents Mr.

Sapan Srivastava-petitioner-inperson.

Mr. Ravi Kadam-Senior Advocate with Mr. Sanjog Parab and Mr. Mohan Rao i/b.

M/s. Parab and Associates for respondent no. 1.

Mr. B. V. Samant-AGP with Ms. P. P.

Shinde-APP for State.

CORAM :- S. C. DHARMADHIKARI & SMT. BHARATI H. DANGRE, JJ.

DATE :- FEBRUARY 14, 2018 P.C. :- 1.

In response to our earlier order, though Mr. Samant-AGP has taken instructions and tendered affidavit in reply of Respondent nos. 2 and 3, our query was extremely limited. We desire to know from the respondents as to who is the authority competent to take note of illegal mining or extraction of minerals beyond the permissible limits. After taking instructions, it is stated that in respect of the alleged acts and by the private respondents (respondent no. 1), it will be the Collector, Mumbai J.V.Salunke,PA

917-CRPILST.44.2017.doc City, who is competent to take note and cognizance of the complaint and deal with it in accordance with law. 2.

Let the petitioner approach such competent authority with proper application/complaint enlisting therein all details so as to enable the competent authority to take action in accordance with law. While dealing with the complaint, if any, of the petitioners, that authority shall act and take necessary decision or action uninfluenced by any statements made in the affidavit in reply. 3.

With the aforesaid directions, the public interest litigation is disposed of.

(SMT. BHARATI H. DANGRE, J.) (S.C.DHARMADHIKARI, J.) J.V.Salunke,PA