Prashant Jayant Raul v. The Pimpri Chinchwad Municipal Corporation And ORS

AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO.63 OF 2024 WITH INTERIM APPLICATION NO.15092 OF 2024 Digitally signed by ATUL GANESH KULKARNI Date:

2024.12.20 17:27:35 +0530 ATUL GANESH KULKARNI Prashant Jayant Raul & Anr.

... Petitioners V/s.

The Pimpri Chinchwad Municipal Corporation (PCMC) & Ors.

... Respondents Ms. Ronita Bhattacharya Bector with Ms. Sajal Khan for the petitioners.

Mr. Kedar B. Dighe with Mr. Vishal Khanavkar for respondent No.1-PCMC.

Mr. Vijay D. Patil for respondent No.2-PMRDA. Mr. Pralhad Paranjape with Mr. Rahul Punjabi for respondent No.4.

Ms. Neha Bhide, Government Pleader with Mr.P.P. Kakade, Additional G.P. and Mrs.G.R. Raghuwanshi, AGP for respondent Nos.3, 5, and 6.

Mr. Akshay Shinde for respondent No.7.

CORAM : DEVENDRA KUMAR UPADHYAYA, CJ & AMIT BORKAR, J.

DATED : DECEMBER 20, 2024 P.C.:

1.

Learned counsel for the petitioners has expressed concern that the subject park is not being appropriately and properly maintained. In support of her submission, certain

photographs have been shown to us, which show certain dried bushes and grass etc.

2.

Learned Government Pleader has tendered certain other photographs and stated that all possible steps are being taken by the Public Works Department for maintaining the park. He further states that earlier though electricity was disconnected, however, the same has now been restored which is used for drip irrigation and water pump.

3.

We, thus, direct that the officer in-charge of the Gardening Department of the local Public Works Department shall personally ensure that the park is maintained appropriately, and adequate greenery is maintained and the plants which have been planted are watered and maintained regularly.

4.

For the said purpose, the officer shall depute adequate number of manpower. By the next date of listing, the officer in-charge of the Gardening Department of the local Public Works Department shall file an affidavit as to the steps which may be taken by him for maintaining park and the plants. 5.

The affidavit to be filed under this order shall also

contain the description of the present position of the park along with photographs.

6.

We have been informed that no access to public is being provided to the subject park. Accordingly, by the next date of listing, learned Government Pleader as also learned counsel representing the respondent-Corporation shall seek instructions as to why public access to the park is not being provided.

7.

Stand over to 22 January 2025.

(AMIT BORKAR, J.) (CHIEF JUSTICE)