Parag Vasantrao Shenolkar v. State Of Maharashtra Through The Secretary And ORS.

1 8.9036.19 pilst.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION (ST) NO. 9036 OF 2019 Parag Vasantrao Shenolkar .....Petitioner V/s.

State of Maharashtra through the Secretary .....Respondents and others Mr. Kalpesh U. Patil for the petitioner Mr. M. M. Pable AGP for the State CORAM :

PRADEEP NANDRAJOG, CJ. & N. M. JAMDAR, J.

DATE :

MAY 2, 2019.

P.C.

The petitioner who is a journalist is aggrieved by a Resolution dated 12/08/2014 passed by the Municipal Council, Karad. The Resolution sanctions construction of a Patrakar Bhavan. Sanction is on Site No. 28 referred to in the petition as Site No. 66 in the New Development Plan. The case of the petitioner is that as per approved layout of the area the user of the site was to establish a vegetable market and a shopping centre.

2 8.9036.19 pilst.doc The offending Resolution recognises the existence of the market at the plinth level of the land. Though the petition is silent but counsel for the petitioner concedes that as per approved layout the vegetable market was established at the site and above the roof of the existing ground floor, Patrakar Bhavan would be permitted to be established. There are 3 buildings and 5 sheds already constructed and the press room would be constructed on top of one of the building.

Highlighting that the petition seeks to espouse a public cause. We note that the public cause of establishing a vegetable market on the site has been complied with in as much as a vegetable market has been constructed which has 5 sheds and 3 buildings. If on top of a building a part thereof is used for a press club, we find no reason to interfere because no public cause is being prejudiced with respect to the decision taken.

The petition is dismissed.

N. M. JAMDAR, J.

CHIEF JUSTICE