K P Purushothaman Nair v. Den (Estate) South, Mct

401-ospil75-2024.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST LITIGATION NO.75 OF 2024 K.P. Purushothaman Nair ... Petitioner V/s.

DEN (Estate, South, MCT & Ors.

... Respondents Mr. Samarth Jaidev i/by Mrs. Asha P. Nair for the petitioner.

Digitally signed by ATUL GANESH KULKARNI Date:

2024.10.24 15:22:39 +0530 ATUL GANESH KULKARNI Ms. Oorja Dhond i/by Ms. Komal Punjabi for respondent No.3 - MCGM.

CORAM

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

DATED : OCTOBER 24, 2024 P.C.:

1.

Heard learned counsel for the petitioner and Ms. Dhond, representing respondent No.3 - Municipal Corporation of Greater Mumbai.

2.

Having regard to the proposed order, requirement of issuance of notice to respondent Nos.1 and 2 is hereby dispensed.

3.

The grievance raised in this petition is in relation to construction of footpath.

401-ospil75-2024.doc 4.

It has been stated by the learned counsel for the petitioner that it is respondent No.2 - Mumbai Metropolitan Regional Development Authority (MMRDA) who has the responsibility of constructing the footpath, and on account of non-availability of the footpath, a lot of problems have been caused to the pedestrians.

5.

Having regard to the nature of issue raised, we dispose of the PIL petition with a direction to the appropriate authority of MMRDA to consider and take appropriate decision on the representation said to have been made by the petitioner, dated 12th June 2024, which has been enclosed as Exhibit-E to this petition.

6.

For the said purpose, the petitioner shall produce a copy of this order along with said representation before the authority concerned within ten days' from today, whereupon the competent authority of the MMRDA shall consider the representation and take a decision and action which will be warranted under law.

(AMIT BORKAR, J.) (CHIEF JUSTICE)