Digamber Raghunath Mungekar And 2 ORS. v. The Municipal Corporation For Greater Mumbai And 2 ORS. And Gopal Shetty (Respondent)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.1674 OF 2013 WITH NOTICE OF MOTION NO.602 OF 2017 Hiralal Gupta ...
Petitioner Vs The State of Maharashtra and Ors.
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Respondents WITH WRIT PETITION (L) NO.1675 OF 2013 WITH NOTICE OF MOTION NO.585 OF 2017 WITH NOTICE OF MOTION (L) NO.768 OF 2018 Shyam Chandrakant Patade ...
Petitioner Vs State of Maharashtra and Ors.
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Respondents WITH WRIT PETITION (L) NO.1677 OF 2013 Gopal D. Shett and Anr.
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Petitioners Vs The State of Maharashtra and Ors.
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Respondents WITH WRIT PETITION (L) NO.1678 OF 2013 WITH NOTICE OF MOTION NO.601 OF 2017 Sudhakar Chokha Tribhuvan ...
Petitioner Vs State of Maharashtra and Ors.
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Respondents
WITH WRIT PETITION (L) NO.1679 OF 2013 Tarique Khan ...
Petitioner Vs The State of Maharashtra and Ors.
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Respondents WITH WRIT PETITION (L) NO.1680 OF 2013 WITH NOTICE OF MOTION NO.580 OF 2017 Smt.Shannodevi Chourasiya ...
Petitioner Vs State of Maharashtra and Ors.
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Respondents WITH NOTICE OF MOTION NO.301 OF 2018 IN PUBLIC INTEREST LITIGATION NO.134 OF 2009 Digamber Raghunath Mungekar and Ors.
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Petitioners Vs The Municipal Corporation of Gr.Bombay and Ors.
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Respondents Mr.S.G.Deshmukh i/b Gautam T.Kanchanpurkar for the Petitioners in all Petitions.
Mr.R.S.Apte, Senior Advocate a/w Ms.Rupali Adhate for MCGM in all Petitions and for Applicant in Notice of Motion (L) No.768 of 2018.
Mr.Firdosh Pooniwala i/b Y.R. Shah for the Applicant in Notice of Motion No.301 of 2018.
Ms.Uma Palsuledesai, AGP for State in WP(L) Nos.1674/13, 1675/13, 1679/13 & 1680/13.
Ms.P.H.Kantharia, GP a/w Ms.Deepali Patankar, Honorary Assistant to GP for State in WPL No.1677/13 and 1678/13.
CORAM :- S. C. DHARMADHIKARI & G.S.PATEL, JJ.
DATE :- JUNE 6, 2019 P.C. :- 1.
Mr.Deshmukh appearing in each of these petitions for the petitioners states that on 15th February, 2019, a detailed order was passed on hearing both sides.
2.
That order has been complied with and the petitioners have vacated their premises. They are awaiting the fruits of some package of rehabilitation which may be devised by the Municipal Corporation so as to meet such contingencies. 3.
In the event, the premises that the petitioners are required to vacate for road widening and the petitioners surrender the same or offer them for demolition, then, it is expected that the Municipal Corporation takes reasonable stand and ensures that the source of livelihood of the parties like the petitioners is not permanently lost to them.
4.
Mr.Apte confirms that the premises have indeed been vacated and the road widening project can be implemented. Mr.Apte assures the Court that the claim of the petitioners for rehabilitation or for alternate accommodation in terms of the municipal policies will be duly considered and the decision will be taken thereon as expeditiously as possible and in any event on or before 31st July, 2019.
5.
In the light of the above assurances, each of these petitions stand disposed of with all connected applications. 6.
Mr.Pooniwala appearing in the Public Interest Litigation, which is already disposed of, filed on behalf of the respondents, states that though the petitioners in these petitions have vacated their premises, there remains one country liquor bar and that is obstructing the project of widening of the road. The municipal official being not present, the advocates for the Municipal Corporation and Mr.Apte, learned senior advocate have no instructions.
7.
However, if the details are provided, they agreed to look into the grievance of the petitioner in the Public Interest Litigation. 8.
In the event, any such structure running country liquor bar is on the site and obstructing the project which is for the larger
benefit of public, then, the Municipal Corporation must ensure the removal of such structure and necessary process be undertaken and completed within two months from today.
(G.S.PATEL, J.) (S.C.DHARMADHIKARI, J.)