Jagannath Pandurang Kharge v. The City And Industrial Development Corp. Ltd. Thro. Managing Director
3.112.25-pil.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO.112 OF 2025 Jagannath Pandurang Kharge .. Petitioner Vs.
The City & Industrial Development Corporation Ltd. & Ors.
.. Respondents ...
Mr. Jagannath P. Kharge, Petitioner-in-Person. None for the Respondents.
...
Digitally signed by BASAVRAJ GURAPPA PATIL Date:
2025.11.13 11:48:30 +0530 BASAVRAJ GURAPPA PATIL CORAM : SHREE CHANDRASHEKHAR, CJ & GAUTAM A. ANKHAD, J.
DATE : 11th NOVEMBER 2025 P.C. :
Stating that the petitioner approached this Court in Public Interest Litigation No.200 of 2023 which was disposed of by an order dated 20th December 2023, this PIL seeks a direction to the respondent-CIDCO to consider the representations dated 29th April 2025 and 1st August 2025 filed by the petitioner who is a lawyer by profession and resides in the CIDCO colony.
2.
Public Interest Litigation No.200 of 2023 was disposed of with the following directions:
"1.
On our request, Learned Counsel Mr. Rohit Sakhadeo has put in appearance for Respondent Nos. 1 and 2 (CIDCO) and Learned Counsel Mr.S. V. Gavand has put in appearance for Respondent No.3 - Corporation. This Public Interest Litigation Petition has been filed with a prayer that a direction be issued to the Respondents to maintain and prepare the internal roads, drainage system, to provide for a new drainage system and other facilities like public library, community hall, creche and senior citizen hall etc. This Petition has been filed by a resident of Gharkul Colony, Sector15, Kharghar, Navi Mumbai. bgp Page | 1
3.112.25-pil.docx Exhibit-I is a representation made by the Petitioner Society on 17th July 2023 to the Managing Director, CIDCO and the Municipal Commissioner, Panvel City Municipal Corporation for ventilation of the grievances.
Accordingly, we direct that the appropriate authority of Respondent No.1 or Respondent No.3, as the case may be, shall consider the said representation dated 17th July 2023 and take appropriate decision and action, which may be warranted in law, thereon. The decision under this order on the said representation shall be taken by the authority concerned within a period of eight weeks from the receipt of copy of this order. With the aforesaid directions, the present Public Interest Litigation Petition is disposed of."
3.
When an order was passed on 20th December 2023 in compliance of aforementioned directions issued by the Court, the petitioner laid the proceedings under the Contempt of Courts Act, 1971 vide Contempt Petition No.402 of 2024. The contempt proceedings were dropped observing that the expression 'to consider' does not contemplate a decision in a particular manner. In paragraph no.4 of the order dated 12th February 2025 in Contempt Petition No.402 of 2024, this Court reserved a liberty with the petitioner to take recourse to such remedy as may be available to him in law in respect of order dated 9th February 2024. The petitioner appearing in-person, submits that the CIDCO is under a duty to provide basic amenities to the residents in the society and to resolve all the disputes and the difficulties. However, we are of the opinion that on such arguments, this petition shall not attain the status of the PIL and the same is dismissed with liberty as reserved with the petitioner by an order dated 12th February 2025. 4.
Public Interest Litigation No.112 of 2025 is disposed of. [GAUTAM A. ANKHAD, J.] [CHIEF JUSTICE] bgp Page | 2