Bombay High Court
Anil Vishnu Goje And Others vs The State Of Maharashtra And Others on 5 December, 2018
Bench: S. V. Gangapurwala, R. G. Avachat
1 pil 130.14
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
PUBLIC INTEREST LITIGATION NO. 130 OF 2014
Narsing Laxman Jadhav .. Petitioner
Versus
The State of Maharashtra and others .. Respondents
Shri Narsing Laxman Jadhav, Party in person.
Mrs. M. A. Deshpande, Addl.G.P. for Respondent Nos. 1 and 2.
Shri Deepak Choudhari, Advocate h/f Shri J. R. Shah, Advocate
for the Respondent No. 3.
WITH
WRIT PETITION NOS. 6934 OF 2015
WRIT PETITION NOS. 6957 OF 2015
WRIT PETITION NOS. 6963 OF 2015
WRIT PETITION NOS. 10968 OF 2015
CORAM : S. V. GANGAPURWALA AND
R. G. AVACHAT, JJ.
DATE : 05TH DECEMBER, 2018.
ORDER :
. Present public interest litigation seeks removal of encroachment made on the banks of Sukhana and Kham rivers. On 08th March, 2016 this Court recorded the submissions of the Government Pleader that it would be possible to conduct Google mapping surveys of both the rivers which would facilitate the present status with precision. From time to time directions are ::: Uploaded on - 06/12/2018 ::: Downloaded on - 29/12/2018 07:40:53 ::: 2 pil 130.14 issued. It was directed to the Superintendent of Land Records to conduct the Google mapping survey. The Superintendent of Land Records communicated its inability. The Superintendent of Land Records communicated that the Maharashtra Remote Sensing Application Center, Planning Department, Maharashtra State, VNIT Campus, Nagpur would be competent to conduct the Google mapping survey. Thereafter on 4th October, 2018 submission was made by the learned A. G. P. on instructions that Maharashtra Remote Sensing Application Center has communicated that it is not capable of conducting survey as it does not have necessary infrastructure. Thereafter we had asked the learned A. G. P. to take instructions from the Government Engineering College, Aurangabad and/or WALMI to conduct the same.
02. Today the learned Addl. Govt. Pleader states that, the communications are received from the Government Engineering Collector, Aurangabad and Walmi that they are not capable of conducting said Google mapping survey.
03. The Government cannot be helpless to take steps to remove the encroachment over the Sukhana and Kham rivers. Encroachments in the vicinity of Sukhana and Kham rivers would have large scale repercussions.
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04. We direct the respondent No. 1 to carry out the Google mapping surveys as directed earlier through the competent agency. The steps initiated for the same shall be communicated within a period of two weeks.
Stand over to 19.12.2018.
[R. G. AVACHAT, J.] [S. V. GANGAPURWALA, J.] bsb/Dec.. 18 ::: Uploaded on - 06/12/2018 ::: Downloaded on - 29/12/2018 07:40:53 :::