Courts On Its Own Motion v. The State Of Maharashtra, Thr. Secretary, Urban Development Detprtment Mantralaya, Mumbai And Other

2308cao1180.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION O. NO.1180/2017 IN PUBLIC INTEREST LITIGATION NO.45/2017 Court on its own motion ...Versus...

The State of Maharashtra, through its Secretary, Urban Development Department, Mantralaya, Mumbai - 400 032 and others Applicant : Dainik Bhaskar, Nagpur through Deputy General Manager - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.P. Bhandarkar, Advocate as amicus curiae Shri D.P. Thakare, Addl. G.P. for respondent nos.1 to 5 & 8 Shri S.M. Puranik, Advocate for resondent nos.6 and 7 Shri J.B. Kasat, Advocate for respondent no.6 Shri A.M. Ghare, Advocate for applicant CORAM : B.P. DHARMADHIKARI AND ARUN D. UPADHYE, JJ.

DATE : 23.08.2017 Heard for some time.

2.

Though this application in public interest litigation was not necessary and applicant - Dainik Bhaskar could have directly approached Heritage Committee, in view of very first order dated 27/4/2017, we permit the applicant also to approach Heritage Committee with its request.

3.

We hereby clarify that such request can be directly made to Heritage Committee by the concerned applicants, in future.

2308cao1180.17.odt 4.

At this stage, Shri Bhandarkar, learned amicus points out that as Kasturchand Park is Heritage Grade-I, there cannot be any change of user. We permit him to point out this aspect to Heritage Committee.

5.

Advocate Shri Bhandarkar also pointed out that grant of permission is not regulated by uniform procedure. 6.

It is apparent that if land situated in the heart of city is to be commercially exploited, the public revenue cannot be made to suffer. This aspect therefore needs to be looked into while considering the permissions sought for. 7.

We direct respondent no.4 - Collector to find out how public revenue can be protected while granting such permission, if the applicant's request is accepted by Heritage Committee. 8.

The direction contained in paragraph 13 of order dated 2/8/2017 shall also be complied in the meanwhile. Civil Application stands disposed of.

List the matter on 06/09/2017.

Steno copy of the order is granted.

JUDGE JUDGE Wadkar