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Bombay High CourtCP/125/2018disposed off

National Cons. Environment And Forest Prot. Forum Thr. President, Manishsingh M. Chauhan v. Mr.Ashwin Mudgal, Collector, Nagpur And Others

2023-08-02Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Mrs. Justice Vrushali V. Joshi1 pages

945-A-CP-125-2018.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

C ONTEMPT PETITION NO.125 OF 2018 IN P.I.L.NO.151/2016(D) National Consumer Environment and Forest Protection Forum, through its National Working President, Manishsingh Madansingh Chauhan, Nagpur vs.

Mr. Ashwin Mudgal, Collector, Nagpur and others. --------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri K. C. Deogade, Advocate, for petitioner. Shri Amit Madiwale, Assistant Government Pleader for respondents/State. Shri R.M.Sharma, Advocate for respondent no.2. Shri C.N.Deshpande, Advocate for respondent no.5 CORAM :- A.S.CHANDURKAR AND MRS. VRUSHALI V. JOSHI, JJ. DATE :- 2nd AUGUST, 2023 P. C.

The present contempt petition was filed alleging noncompliance of the order dated 23.08.2017 passed in Public Interest Litigation No.151 of 2016. The representation that was permitted to be made by the original petitioner in the matter of removal of encroachment had not been decided and hence the contempt petition was filed.

2.

In the affidavit filed on behalf of the respondent no.1, it has been stated that the original petitioner's representation dated 27.11.2017 came to be decided by the Collector on 26.09.2018. In the additional affidavit that has been filed pursuant to the order dated 18.01.2023 passed in the contempt petition the steps taken in the matter of removal of encroachment have been indicated. 3.

In view of aforesaid, we are satisfied that there is no deliberate non-compliance of any direction issued in the Public Interest Litigation. The contempt petition is therefore disposed of. SUDHAKAR ANDURKAR Personal Assistant 02.08.2023 18:36 (MRS. VRUSHALI V. JOSHI, J.) (A.S.CHANDURKAR, J.) Andurkar.