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Bombay High CourtIA/781/2024disposed off

Dr. Sarvesh Shahu Sawant v. Harishchandra Shantaram Mhatre

2024-03-26Hon'Ble The Chief Justice , Hon'Ble Shri Justice Sandeep V. Marne2 pages

5-PIL-24-2020 Pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 24 OF 2020 Harishchandra Shantaram Mhatre .. Petitioner

Versus

The State of Maharashtra & Ors.

.. Respondents WITH INTERIM APPLICATION NO. 781 OF 2024 IN PUBLIC INTEREST LITIGATION NO. 24 OF 2020 Dr. Sarvesh Shahu Sawant .. Applicant In the matter between:

Harishchandra Shantaram Mhatre .. Petitioner

Versus

The State of Maharashtra & Ors.

.. Respondents Mr. Shriram Kulkarni i/by Mr. Nitesh J. Mohite for petitioner. Mr. Jagdish G. Aradwad (Reddy) for applicant in IA/781/2024. Mr. P. P. Kakade, Government Pleader with Mr. O. A. Chandurkar, Addl. Govt. Pleader and Mrs. R. A. Salunkhe, AGP for respondent nos.1 and 2.

Mr. A. S. Rao for respondent nos. 3 to 7.

CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. & ARIF S. DOCTOR, J.

DATE:

26th MARCH, 2024 P.C.:

1.

An affidavit on behalf of the respondent no.3Corporation has been filed, which is taken on record. As per the said affidavit, survey for identifying the illegal encroachments and constructions has been carried out, wherein 4570 structures have been identified to be unlawful.

5-PIL-24-2020 The affidavit further states that action shall be initiated against the illegal occupants/encroachers under the Maharashtra Municipal Corporation Act, 1949 and the Maharashtra Regional and Town Planning Act, 1966. 2.

Learned Government Pleader has also filed an affidavit on behalf of respondent no.1, which is also taken on record. In the said affidavit, it has been stated that a survey of entire government land falling within the municipal limits of Kalyan Dombivali Municipal Corporation has been conducted from 30th January, 2024 to 19th March, 2024, based on which the report has also been prepared, which is enclosed at Exhibit-1 to the affidavit.

3.

Let reply to the aforesaid rejoinder-affidavits be filed by the petitioner within four weeks.

4.

We request the learned Government Pleader to provide English translation copy of the survey report dated 19th March, 2024.

5.

Stand over to 8th July, 2024 `for directions'. (ARIF S. DOCTOR, J.) (CHIEF JUSTICE) Digitally signed by PRAVIN DASHARATH PANDIT Date:

2024.03.26 17:56:41 +0530 PRAVIN DASHARATH PANDIT