Noor Mahd. Subhan (Deceased Though Its Legal Heirs) v. State Of Maharashtra And ANR
(904) wpl-3068-17+1.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.3068 OF 2017 Chandrashekhar S. Shirodkar ...
Petitioner Vs State of Maharashtra and Ors.
...
Respondents WITH WRIT PETITION (L) NO.3055 OF 2018 WITH SHOW CAUSE NOTICE NO.89 OF 2019 Noor Mohd. Subhan (Deceased through his legal heirs) Mr.Salim Mansoori and Anr.
...
Petitioners Vs State of Maharashtra and Ors.
...
Respondents Mr.Vinod P. Sangvikar i/b Tushar Kochale for the Petitioner in WPL 3068/17.
Mr.Vinod P. Sangvikar for the Petitioners in WPL 3055/18.
Mr.Amit Shastri, AGP for State in both the Petitions.
Mr.A.Y. Sakhare, Senior Advocate a/w Ms.Rupali Adhate for MCGM.
Mr.Shenoy Gandhi, Assistant Engineer, H/E Ward present.
CORAM :- S. C. DHARMADHIKARI & G.S.PATEL, JJ.
DATE :- JUNE 6, 2019 P.C. :- 1.
There is an order passed by the Deputy Municipal Commissioner, Zone III.
M.M.Salgaonkar
(904) wpl-3068-17+1.doc 2.
The Municipal Corporation having done it in terms of this Court's order, in the event, the petitioners are dissatisfied with the order of the municipal authorities, they may adopt such proceedings as they may be advised in law. Therefore, we do not keep these petitions pending. They are disposed of. 3.
Needless to clarify that every ad-interim/interim orders in these petitions come to an end. Since a pipeline, adjacent to which these structures were located, was not being maintained or repaired, on this specious ground, by the Municipal Corporation and we having removed this obstacle, we expect the Municipal Corporation to take charge and ensure the repairs and regular maintenance of this pipeline. Secondly, in the event this order is challenged by the petitioners before any court or forum, that forum should bear in mind that this being a public project, any prohibitory or injunctive order will affect the larger interest of the public. The authority should take note of the conduct of the petitioners as well.
4.
In view of the disposal of the writ petitions, Show Cause Notice No.89 of 2019 stands discharged.
(G.S.PATEL, J.) (S.C.DHARMADHIKARI, J.) M.M.Salgaonkar