Bombay High CourtWP/6415/2014dispossed offdismiss for default

Shantanu S/O Gangadhar Deshmukh v. Nagpur Municipal Corporation Through Its Commissioner, Nagpur And 2 Others

2015-04-28Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.M. Badar2 pages

wp6415.14 1/2 FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.6415 OF 2014 Shantanu Gangadhar Deshmukh -vsNagpur Municipal Corporation, thr.its Commissioner, Nagpur and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Shri A.S.Jaiswal, Sr.Counsel with Ms Radhika Jaiswal, counsel for the petitioner.

Mr.S.M.Puranik, counsel for the respondent Nos.1 and 2. Mrs. Gauri Venkatraman, counsel for the respondent No.3. CORAM : SMT. VASANTI A. NAIK & A.M.BADAR, JJ.

DATE : 28.04.2015.

By this petition, the petitioner seeks a direction to the respondent Nos.1 and 2 to clear the road to the park in Hindusthan Colony, Amravati Road, Nagpur by cutting the trees that are causing obstruction to the egress and ingress to the park land described in the petition.

Shri Puranik, the learned counsel for the respondent Nos.1 and 2, on instructions from the Ward Officer, states that the Corporation would clear the road leading to the park in Hindusthan Colony by cutting two trees and levelling and repairing the road.

Mrs.Venkatraman, the learned counsel for the respondent No.3, states on instructions that the respondent No.3 would develop and maintain the garden for regular use. We accept the statement made on behalf of the respondent Nos.1 to 3 and dispose of the writ petition with a direction to the respondent Nos.1 and 2 to clear, level and

wp6415.14 2/2 construct the road within a period of three months and a direction to the respondent No.3 to develop and maintain the garden.

Order accordingly. No costs.

JUDGE JUDGE KHUNTE