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Bombay High CourtPIL/118/2015dispossed offdismiss for default

Shri Umesh Dayashankar Choube And Others v. Union Of India, Ministry Of Environment, Forest And Climate Change, New Delhi And Others

2016-09-29Hon'Ble Shri Justice B.R. Gavai,Hon'Ble Shri Justice V.M. Deshpande3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR PUBLIC INTEREST LITIGATION NO. 118 OF 2015. (Shri Umesh Dayashankar Choube & others .vs. Union of India & others) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. S.P. Bhandarkar, Advocate for petitioners, Mr. S.A. Choudhary, Advocate for respondent nos. 1 & 3, Ms. N.P. Mehta, A.G.P. for respondent no. 2, Mr. J.B. Kasat, Advocate for respondent nos. 4 & 5. CORAM : B.R. GAVAI & V.M. DESHPANDE, JJ.

DATED : SEPTEMBER 29, 2016.

The petitioners had approached this Court apprehending that after expansion of the road connecting Nagpur-Amravati to South Ambazari Road abutting the Maharajbagh road to be a part of the land on the eastern side of the road will be misutilized. The petitioners had approached apprehending that the said land would be allotted to some politician and the green cover which is available in the said land will be vanished.

An affidavit is filed on behalf of respondent no. 7. It is stated in para no.2 of the said affidavit dated 28.9.2016 as under :- "2].

It is stated on behalf of the answering respondent No. 7 Dr. Punjabrao Deshmukh Krushi Vidyappeth, Akola that the green/oxygen zone available to the residents of Nagpur at the center of the

City which is allegedly situated in the premises of the College of Agriculture, Nagpur, who also runs the Maharaj Bagh Zoo would be kept intact by the College of Agriculture, Nagpur and the greenery therein would be maintained. The answering respondent undertakes that the University will plant as many trees as possible in the area within the jurisdiction of College of Agriculture to maintain the greenery in the entire area within its jurisdiction. The University also undertakes to develop the area adjacent to Maharaj Bagh Zoo and would develop floriculture in the area already demarked to increase the area of green zone available and for beautification thereof."

In that view of the matter, we are of the considered view that the said statement on an affidavit takes care of the concern expressed by the petitioners in the present petition. The petition is, therefore, disposed of by taking on record the aforesaid statement made on behalf of the respondent no. 7. Judge Judge J.

C E R T I F I C A T E "I certify that this Order uploaded is a true and correct copy of original signed Order".

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