Mohammad Alim Mohammad Tahir v. The State Of Maharashtra, Urban Development Department, Thr. The Principal Secretary, Mumbai And 11
2026:BHC-NAG:6618-DB 13 pt 1/2 12-PIL-149-2018.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR .
PUBLIC INTEREST LITIGATION NO. 149 OF 2018 WITH CIVIL APPLICATION NO. 312 OF 2026 IN PUBLIC INTEREST LITIGATION NO. 149 OF 2018 MOHAMMAD ALIM MOHAMMAD TAHIR Vs.
THE STATE OF MAHARASHTRA, URBAN DEVELOPMENT DEPARTMENT, THR. THE PRINCIPAL SECRETARY, MUMBAI AND OTHERS __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr. Chinmay S. Dharmadhikari and Shail D. Pagay, Advocate for the Petitioner.
Mr. S. S. Hulke, AGP for the State/Respondent Nos.1 to 3. Mr. Kuldeep P. Mahalle, Advocate for Respondent No.5. Mr. Vijaykumar Paliwal, Advocate for Respondent Nos.6 to 11. Mr. R. D. Karode, Advocate for Respondent No.12. CORAM : URMILA JOSHI PHALKE AND NIVEDITA P. MEHTA, JJ.
DATE : 27 th APRIL, 2026.
CIVIL APPLICATION NO. 312 OF 2026 IN PUBLIC INTEREST LITIGATION NO. 149 OF 2018 1.
By this application, the applicant is seeking permission to withdraw the present Public Interest Litigation (PIL). 2.
Heard learned counsel for the petitioner, who submitted that the petitioner is an elected councilor of Municipal Corporation, Mehkar. He preferred this PIL with a prayer that the exchange deed dated 04.09.2018 be quashed and set aside as the same is in contravention to resolution No.15 dated 15.04.2017 passed with respondent No.1.
MJ Jadhav
13 pt 2/2 12-PIL-149-2018.odt 3.
By order dated 05.12.2018, this Court issued the notices to the respondent for final disposal of the matter and by order dated 05.12.2018, by way of an ad-interim relief, directed no third party interest shall be created in the land, nor any developmental activities shall be carried out on it. He specifically invited our attention towards para No.3 of the application and submitted that due to the pendency of the present PIL, developmental activities and projects on the subject land have remained stalled or adversely affected. Therefore, upon due to consideration, the petitioner has come to realization that continuation of the present PIL for a mere 0.02 Ha of land, had inadvertently had a detrimental effect over the proposed development works in the locality. He further mentioned in the application that subject land is reserved for Children's Park, Kindergarten, Community Hall etc., and the only sufferers of the stall development are the residents of the locality and therefore, he is seeking withdrawal of the present PIL.
4.
Learned counsel for the respondents has no objection for the same.
5.
In view of that, Public Interest Litigation No. 149 of 2018 is disposed of as withdrawn.
6.
Civil Application No. 312 of 2026 is also disposed of. (NIVEDITA P. MEHTA, J.) (URMILA JOSHI PHALKE, J.) MJ Jadhav