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Bombay High CourtPIL/61/2017dispossed offdismiss for default

Nagari Hakka Saurakshan Manch, Nagpur Thr. Central President Shri Janardan Moon v. The Collector, Nagpur And Others

2017-06-28Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice Rohit Baban Deo2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Public Interest Litigation No. 61 of 2017 (Nagari Hakka Saurakshan Manch, Nagpur ..Vs.. The Collector, Nagpur District & Ors.) ______________________________________________________________________________ OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Mr. A.R. Ingole, Advocate for petitioner.

Mr. J. B. Kasat, Advocate for respondent no.2 CORAM : B.P.DHARMADHIKARI & R.B.DEO, JJ.

DATE : 28.06.2017.

Removal of mud and cleaning of Sonegaon lake has given rise to this PIL. According to petitioner, it is a heritage structure and in the process of cleaning, the building, standing on the bank may get damaged. Advocate Shri Ingole also points out that work of digging is over and cracks in the structure appear to have been filled in.

Respective counsel appearing for respondents are seeking time to file reply afÏdavit.

They also upon instruction state that work for the present is over. Advocate Shri Kasat appearing for respondent no. 2 states that respondent no. 2 is not involved in the activity at all.

Learned Vacation Judge has issued notice in the matter on 26.5.2017.

We accept the statement of respondents that as of now they are not carrying out any activity in the area.

In view of the statement, we grant leave to petitioner to make appropriate representation containing his grievance and also commenting upon the exercise undertaken (if necessary) to respondent no. 1. If such representation is preferred within four weeks from today, respondent no. 1 shall place that representation before Heritage Committee for its due evaluation.

With these directions and keeping all rival contentions open, we dispose of PIL.

JUDGE JUDGE Belkhede, PA