Pushkar Vijay Kulkarni v. State Of Maharashtra Urban Development Dept And ORS

JPP 11. PIL 80.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by JYOTI PRAKASH PAWAR Date:

2025.08.11 15:23:35 +0530 JYOTI PRAKASH PAWAR CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 80 OF 2025 Pushkar Vijay Kulkarni ... Petitioner V/s.

State of Maharashtra, Urban Development Deptt. and Ors.

... Respondents _______________________________________ Mr. Satyendra Muley (through V.C.) for the Petitioner Ms. V.R. Raje, AGP for Respondent Nos. 1, 3 to 5 _______________________________________ CORAM : ALOK ARADHE, CJ. AND SANDEEP V. MARNE, J.

DATE : 08 AUGUST 2025 P.C. :

1.

In this Public Interest Litigation, the Petitioner, inter-alia, seeks a direction to quash and set aside the impugned Notification dated 16 April 2025 issued by the State Government, whereby the subject land bearing Survey No. 35/1/2 reserved as Site G-3 for a Public Garden in the Development Plan of Baner-Balewadi, 2008 has been partially de-reserved and converted into a residential zone.

2.

The learned Counsel for the Petitioner submits that the Petitioner is a resident of the area in question and had preferred an objection to the public notice which was issued before de-reservation of the land. 1/2

JPP 11. PIL 80.2025.doc However, the aforesaid fact is neither been pleaded in the PIL nor the copy of objection preferred by the Petitioner has been annexed. 3.

At this stage, the learned Counsel for the Petitioner seeks leave of this Court to withdraw the PIL with the liberty to file a Writ Petition annexing a copy of the objection which the Petitioner may have preferred to the public notice issued for the de-reservation of the land in question. 4.

Accordingly, the PIL is dismissed as withdrawn in terms of the liberty as prayed for.

( SANDEEP V. MARNE, J. ) ( CHIEF JUSTICE ) 2/2