Subodh Solanki v. State Of Maharashtra And ORS.

oswp1424 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1424 OF 2005 Subodh Solanki

...Petitioner

vs.

The State of Maharashtra and others

...Respondents

Ms Devyani Kulkarni i/b Mihir Desai for the Petitioner Mr.L.T.Satalkar, AGP for the respondent Nos.1,3 and CORAM : A.S.OKA, & A.A.SAYED, JJ.

DATE : OCTOBER 15, 2016 ORAL JUDGMENT: (PER A.S.OKA,J.) Called out for final hearing. The challenge in this petition is to the decision of the State Government dated 13th February 2004 of taking over a of land out of the campus of Mumbai University at Kalina for construction of a public road. The said order records that for compensating the Mumbai University, additional land will be placed in possession of the University as recorded in the said order.

The learned counsel for the petitioner stated that during the pendency of the petition, public road has been already constructed which is being used by the members of the public.

As the public road has been constructed which

oswp1424 is already being used by the members of the public for considerably long time, it will not be appropriate at this stage to grant prayers made in this PIL and direct restoration of status quo ante. Restoration of status-quo ante will be against the public interest. Moreover, the impugned order itself records that the Mumbai University has been compensated by allotting a privately owned land. Therefore, it is not necessary to entertain this petition. The same is disposed of. Rule is discharged with no order as to costs.

(A.A.SAYED,J.) (A.S.OKA,J.)