Sarang Yadwadkar v. The State Of Maharashtra Thr The Principal Secretary And ORS

1/2 12 IA-567-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

MANDIRA MILIND SALGAONKAR MILIND SALGAONKAR Date: 2025.02.04 15:54:11 +0530 CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.567 OF 2025 IN PUBLIC INTEREST LITIGATION NO.36OF 2021 Sarang Yadwadkar ..

Applicant

Versus

The State of Maharashtra through the Principal Secretary & Ors.

..

Respondents ...

Ms.Gayatri Singh, Senior Advocate i/b Ronita Bhattacharya and Sajal Khan for the Applicant/Orig. Petitioner. Ms. Neha S.Bhide, Govt. Pleader with Mr.O.A.Chandurkar, Addl. Govt. Pleader with Mrs.G.R.Raghuwanshi, A.G.P. for the State/Respondent No.1.

Mr.Abhijit P. Kulkarni with Mr.Gourav Shahane and Mr.Shreyas Zankar for the Respondent Nos.2 and 3. Mr.Nitin Gaware Patil with Mr.Divyesh Jain for the Respondent No.5.

Ms.Shweta Kurhade, Executive Engineer, Khadak Wasla,Pune, present.

CORAM: ALOK ARADHE, CJ. & BHARATI DANGRE, J.

DATED : 03rd FEBRUARY, 2025 ...

P.C:- 1.

In the Writ Petition, filed as Public Interest Litigation ("PIL"), the Petitioner, inter alia, seeks direction to M.M.Salgaonkar

2/2 12 IA-567-25.odt Respondent No.1 to issue directions under Section 154 of the Maharashtra Regional and Town Planning Act, 1966 (for short, "MRTP Act") to replace the illegal and incorrect demarcations of flood lines for Pune City and superimpose the accurate and legal flood lines demarcated in the map of 2011. 2.

In the aforesaid PIL, Interim Application No.567 of 2025 has been filed, wherein the Petitioner seeks a direction to the Expert Committee, appointed in pursuance of the order passed by the Division Bench of this Court, to take note of ongoing dumping of material and debris on the submersible flood plains of Mula, Mutha and Mula-Mutha rivers while preparing the fresh flood lines for the said rivers and ensure that altered boundaries/banks/topography of the rivers caused by way of such reclamation effectuated through the dumping of debris and other material are not reflected as the boundaries of the rivers in the fresh flood lines.

3.

Learned counsel representing the Committee submits that suitable action shall be taken by the Committee with regard to the prayer made in the Writ Petition. She undertakes to submit the report within a period of four weeks from today.

5.

Interim Application is allowed in terms of prayer clauses (a) and (b).

(BHARATI DANGRE, J.) (CHIEF JUSTICE) M.M.Salgaonkar