Parner Sangharsha Samiti Through Its Chairman Tushar Babasaheb Auti v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD PUBLIC INTEREST LITIGATION NO. 136 OF 2016 (Parner Sangharsha Samiti through its Chairman Tushar Babasaheb Auti Vs. The State of Maharashtra and others) ---- Mr. Sarang Joshi, Advocate holding for Mr. Nikhilesh K. Tungar, Advocate for the Petitioner Mr. A.B. Girase, Government Pleader for the respondent/State ---- CORAM :

R.M. BORDE AND SANGITRAO S. PATIL, JJ.

DATE : 8th December, 2016 PER COURT :

Heard.

2.

The petition is presented seeking directions to respondent Nos. 1 to 7 not to construct new court building on Gairan land.

3.

The acquisition of the Gairan land for public purpose/s and for setting up of public amenities is in consonance with the guidelines issued by the Supreme Court of India in the matter of Jagpal Singh and others Vs. State of Punjab and others, reported in AIR 2011 S.C. 1123. It is for the State Government to consider the viability of a particular land for utilizing the

PIL136-2016 same for public purposes. No useful purpose would be served in entertaining this petition since the land belonging to the State Government is being utilized for public purpose.

4.

We do not find larger public interest involved in this petition. The Public Interest Litigation is devoid of substance and hence, stands rejected. [SANGITRAO S. PATIL] [R.M. BORDE] JUDGE JUDGE npj/PIL136-2016