Vijaykumar Wasudeorao Karanjkar And Others v. Nagpur Municipal Corporation Thr. The Municipal Commissioner, Nagpur And ORS.

2024:BHC-NAG:6922-DB 1 PIL-26-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR PUBLIC INTEREST LITIGATION NO.26 OF 2024 [Shri Vijaykumar Wasudeorao Karanjkar and others VERSUS Nagpur Municipal Corporation and others] Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court' s or Judge'

s order and Registrar'

s orders.

Shri A.M. Sudame, Counsel for Petitioners.

Shri S.M. Puranik, Counsel for Respondent No.1. Shri D.P. Thakare, Additional Government Pleader for Respondent Nos.2 and 3. Shri S.S. Sanyal, Counsel for Respondent No.5. CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI , JJ .

ATE : 3 rd JULY, 2024 1.

Shri Puranik, learned counsel appearing for the respondent No.1Municipal Corporation, submits that the construction of immersion tank is complete to the extent of 80%. According to him, necessary steps shall be taken not only for plantation in the very same area, but also after the immersion of the idols, it shall be ensured that the said tank shall not be a cause for any accident. 2.

Since the statement is made on instructions, the same is accepted. 3.

As such, the purpose for which this Public Interest Litigation was filed, in our opinion, is served, particularly when there is no embargo on the right of the respondent-Planning Authority to construct a permanent immersion tank. 4.

However, in the facts and circumstances of the case, we deem it appropriate to direct the respondent No.1-Municipal Corporation to file an affidavit of compliance within a period of four weeks from today with

2 PIL-26-2024.odt photographs, thereby certifying that the plantation of trees, as has been ordered, is carried out and the tree-guards are also installed. 5.

The Public Interest Litigation stands disposed of. (ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) LANJEWAR