Bombay High Court
Vanashakti Public Trust And 5 Ors vs Union Of India And 8 Ors And Arunachalam ... on 25 July, 2022
Bench: G.S. Patel, Gauri Godse
3-PIL-87-2013++.DOC
Varsha
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION NO. 87 OF 2013
Vanashakti Public Trust & Ors ...Petitioners
Versus
Union of India & Ors ...Respondents
WITH
CHAMBER SUMMONS(L) NO. 148 OF 2018
IN
PUBLIC INTEREST LITIGATION NO. 87 OF 2013
WITH
NOTICE OF MOTION(L) NO. 219 OF 2018
IN
PUBLIC INTEREST LITIGATION NO. 87 OF 2013
Mahendra Singh Thakur ... Applicant
In the matter between
Vanashakti Public Trust & Ors ...Petitioners
Versus
Union of India & Ors ...Respondents
WITH
NOTICE OF MOTION(L) NO. 220 OF 2018
IN
PUBLIC INTEREST LITIGATION NO. 87 OF 2013
Surekha Parsuram Patil ... Applicant
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IN THE MATTER BETWEEN
Vanashakti Public Trust & Ors ...Petitioners
Versus
Union of India & Ors ...Respondents
WITH
NOTICE OF MOTION(L) NO. 221 OF 2018
IN
PUBLIC INTEREST LITIGATION NO. 87 OF 2013
Rakesh Sukhdev Kansule ... Applicant
In the matter between
Vanashakti Public Trust & Ors ...Petitioners
Versus
Union of India & Ors ...Respondents
WITH
NOTICE OF MOTION(L) NO. 222 OF 2018
IN
PUBLIC INTEREST LITIGATION NO. 87 OF 2013
Usha Subhash Mishra ... Applicant
IN THE MATTER BETWEEN
Vanashakti Public Trust & Ors ...Petitioners
Versus
Union of India & Ors ...Respondents
WITH
NOTICE OF MOTION(L) NO. 224 OF 2018
IN
PUBLIC INTEREST LITIGATION NO. 87 OF 2013
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Shankar Sukhdev Kansule ... Applicant
In the matter between
Vanashakti Public Trust & Ors ...Petitioners
Versus
Union of India & Ors ...Respondents
WITH
NOTICE OF MOTION(L) NO. 273 OF 2018
IN
PUBLIC INTEREST LITIGATION NO. 87 OF 2013
Arunachalam Vishwanath Das ... Applicant
In the matter between
Vanashakti Public Trust & Ors ...Petitioners
Versus
Union of India & Ors ...Respondents
WITH
NOTICE OF MOTION(L) NO. 274 OF 2018
IN
PUBLIC INTEREST LITIGATION NO. 87 OF 2013
Nagesh Kausaya Naspuri ... Applicant
In the matter between
Vanashakti Public Trust & Ors ...Petitioners
Versus
Union of India & Ors ...Respondents
WITH
NOTICE OF MOTION(L) NO. 275 OF 2018
IN
PUBLIC INTEREST LITIGATION NO. 87 OF 2013
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Parvati Ramchandra Nivate ... Applicant
In the matter between
Vanashakti Public Trust & Ors ...Petitioners
Versus
Union of India & Ors ...Respondents
WITH
NOTICE OF MOTION(L) NO. 276 OF 2018
IN
PUBLIC INTEREST LITIGATION NO. 87 OF 2013
Sunanda Dilip Ingole ... Applicant
In the matter between
Vanashakti Public Trust & Ors ...Petitioners
Versus
Union of India & Ors ...Respondents
WITH
NOTICE OF MOTION(L) NO. 277 OF 2018
IN
PUBLIC INTEREST LITIGATION NO. 87 OF 2013
Rekha Kailash Raut ... Applicant
In the matter between
Vanashakti Public Trust & Ors ...Petitioners
Versus
Union of India & Ors ...Respondents
WITH
NOTICE OF MOTION(L) NO. 278 OF 2018
IN
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PUBLIC INTEREST LITIGATION NO. 87 OF 2013
Ranlakhan Budhiram Kahar ... Applicant
In the matter between
Vanashakti Public Trust & Ors ...Petitioners
Versus
Union of India & Ors ...Respondents
WITH
NOTICE OF MOTION(L) NO. 279 OF 2018
IN
PUBLIC INTEREST LITIGATION NO. 87 OF 2013
Asha Anand Raut ... Applicant
In the matter between
Vanashakti Public Trust & Ors ...Petitioners
Versus
Union of India & Ors ...Respondents
WITH
CONTEMPT PETITION NO. 01 OF 2015
IN
PUBLIC INTEREST LITIGATION NO. 87 OF 2013
Dayanand Stalin ...Petitioner
Versus
Ashok Lavasa and Ors ...Respondents
WITH
CHAMBER SUMMONS(L) NO. 37 OF 2016
IN
PUBLIC INTEREST LITIGATION NO. 87 OF 2013
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CIDCO ... Applicant
In the matter between
Vanashakti Public Trust & Ors ...Petitioners
Versus
Union of India & Ors ...Respondents
WITH
NOTICE OF MOTION(L) NO. 259 OF 2017
IN
PUBLIC INTEREST LITIGATION NO. 87 OF 2013
Mira Bhayander Municipal Corporation ... Applicant
In the matter between
Vanashakti Public Trust & Ors ...Petitioners
Versus
Union of India & Ors ...Respondents
WITH
NOTICE OF MOTION(L) NO. 140 OF 2017
IN
PUBLIC INTEREST LITIGATION NO. 87 OF 2013
JNPT ... Applicant
In the matter between
Vanashakti Public Trust & Ors ...Petitioners
Versus
Union of India & Ors ...Respondents
WITH
NOTICE OF MOTION(L) NO. 151 OF 2017
IN
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PUBLIC INTEREST LITIGATION NO. 87 OF 2013
Karma Developers ... Applicant
In the matter between
Vanashakti Public Trust & Ors ...Petitioners
Versus
Union of India & Ors ...Respondents
WITH
CHAMBER SUMMONS NO. 194 OF 2019
IN
PUBLIC INTEREST LITIGATION NO. 87 OF 2013
Prakash Dataram Bhandari ... Applicant
In the matter between
Vanashakti Public Trust & Ors ...Petitioners
Versus
Union of India & Ors ...Respondents
WITH
NOTICE OF MOTION(L) NO. 344 OF 2018
IN
PUBLIC INTEREST LITIGATION NO. 87 OF 2013
Vanashakti ... Applicant
In the matter between
Vanashakti Public Trust & Ors ...Petitioners
Versus
Union of India & Ors ...Respondents
WITH
NOTICE OF MOTION(L) NO. 740 OF 2015
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IN
PUBLIC INTEREST LITIGATION NO. 87 OF 2013
Narendra Krishna Mhatre ... Applicant
In the matter between
Vanashakti Public Trust & Ors ...Petitioners
Versus
Union of India & Ors ...Respondents
WITH
INTERIM APPLICATION(L) NO. 22449 OF 2022
IN
PUBLIC INTEREST LITIGATION NO. 87 OF 2013
Vanashakti Public Trust & Ors ...Applicants
Versus
Stalin Dayanand &Ors ...Respondents
WITH
CONTEMPT PETITION(L) NO. 2 OF 2018
IN
PUBLIC INTEREST LITIGATION NO. 87 OF 2013
Brijesh Haushilaprasad Sharma & Ors ...Petitioners
Versus
The State of Maharashtra & Ors ... Respondents
Mr Zaman Ali, for the Appellant in PIL/87/2013 & PIL/106/2021.
Ms Jaya Bagwe, for the Respondent No.10 (MPCB)
Mr PP Kakade, GP, with MM Pable, AGP, for the Respondent-State
in PIL/106/2021.
Mrs Jyoti Chavan, AGP for State in PIL/87/2013.
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Mr YR Mishra, with Dashrath Dubey with Upendra, for the
Respondent-Union of India in PIL/87/2013.
Ms Swati Sagnekar, for Vasai -Virar City Municipal Corporation.
Mr Milan Bhise, with Amit Bhave for Respondent No.11 in
PIL/87/2013.
Mr. G S Hegde, with Pinky Bhansali, for CIDCO in PIL/106/2021 &
in PIL/87/2013.
Mr Darshit Jain, i/b Divya D Jain, for Applicant in IA/783/2020.
Mr Rajesh S Datar, for the Applicant in NMWL/151/2017.
Dr Milind Sathe, Senior Advocate with Saket More, Rubin Vakil,
Amey Nabar, Ketan Dave & Swati Jain, i/b AS Dayal &
Associate, for Respondent No.9 in PIL No. 106/2021.
Mr Parag Vyas, with Karuna Yadav, i/b AA Ansari, for Respondent
No.11, Union of India in PIL/106/2021.
CORAM: G.S. Patel &
Gauri Godse, JJ.
DATED: 25th July 2022 PC:-
1. Public Interest Litigation No. 87 of 2013 is specially assigned to this Court. It is filed by Vanashakti Public Trust and Others. This is an NGO that works to protect forest, wetlands, etc.
2. In this PIL, there are several Interim Applications of one kind or another as also some Contempt Petitions. Not all of these need to be kept pending. Some have been disposed of but the records have not been updated.
3. Mr Zaman Ali, learned Advocate for the Petitioner tenders a list of the matters in PIL No. 87 of 2013. We take this on record and mark as 'Z-1' for identification with today's date.Page 9 of 17
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4. We will now take up these matters one by one.
CONTEMPT PETITION NO. 01 OF 2015:
5. This is a Contempt Petition filed by Vanashakti. The subject matter may be covered by later Interim Application. There is no need to have two Petitions or Interim Applications covering the same subject matter.
6. Contempt Petition No.1 of 2015 is disposed of as infructuous.
CHAMBER SUMMONS (L)NO. 148 OF 2018:
7. This is a Contempt Petition filed by one Mahendra Singh Thakur, seeking impleadment. The Applicant is represented by an Advocate. The allegations seems to be that some local politicians and Corporators have prepared some documents in respect of some property to which the applicant lays claim and which he says he holds on ownership basis. Apart from the fact that none appears for the Applicant, intervention and impleadment at the instance of a private entity to pursue a private dispute is inappropriate in this PIL.
8. The Applicant is at liberty to adopt appropriate proceedings.
9. All contentions are left open.
10. The Chamber Summons is dismissed with these observations.
Page 10 of 1725th July 2022 ::: Uploaded on - 27/07/2022 ::: Downloaded on - 28/07/2022 07:17:22 ::: 3-PIL-87-2013++.DOC NOTICE OF MOTION (L)NO. 219 OF 2018:
11. This is a Motion filed by same Mahendra Singh Thakur. It is based on same set of allegations and, therefore, must receive the same order.
12. Notice of Motion is dismissed in similar terms.
NOTICE OF MOTION (L) NO. 220 OF 2018:
13. The Applicant is one Surekha Parshuram Patil. The case is that the Petitioner is in possession of certain premises, said to be on private land. The Applicant complains that some Municipal Respondents are threatening this possession. This has nothing to do with the subject matter of the PIL. The Applicant may pursue the remedy independently.
14. All contentions are kept open.
15. The Notice of Motion is dismissed.
NOTICE OF MOTION (L) NO. 221 OF 2018:
16. The Applicant is one Rakesh Sukhdev Kansule. This is identical to the previous Notice of Motion except for the description of the premises of the Applicant, Surekha Parshuram Patil.
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17. For the same reasons, it is also dismissed with the same remedy.
NOTICE OF MOTION (L) NO. 222 OF 2018:
18. This Notice of Motion, too, is virtually identical to the Motion filed by Surekha Parshuram Patil.
19. It is dismissed for the same reasons.
NOTICE OF MOTION (L) NO. 224 OF 2018:
20. Notice of Motion (L) No. 224 of 2018 is filed by Shankar Sukhdev Kansule. It is also identical to the Motion filed by Surekha Parshuram Patil and is dismissed in the same terms.
NOTICE OF MOTION (L) NO. 273 OF 2018: (filed by Arunachalam Vishwanath Das); NOTICE OF MOTION (L) NO. 274 OF 2018: (filed by one Nagesh Kausaya Naspuri); NOTICE OF MOTION (L) NO. 275 OF 2018: (filed by one Parvati Ramchandra Nivate); NOTICE OF MOTION(L) NO. 276 OF 2018: (filed by one Sunanda Dilip Ingole):
21. These Motions by Das, Naspuri, Nivate, Ingole, Rauts and Kahar are all applications seeking protection of structures from demolition. They are directed against eviction notices of 2017 issued by District Collector, MSD. That notice makes no reference to the present PIL. These Motions are, therefore, misconceived. They Page 12 of 17 25th July 2022 ::: Uploaded on - 27/07/2022 ::: Downloaded on - 28/07/2022 07:17:22 ::: 3-PIL-87-2013++.DOC cannot be filed in this PIL. Each of the Applicants are at liberty to adopt appropriate proceedings. The Notices of Motion are all dismissed.
NOTICE OF MOTION(L) NO. 277 OF 2018: (filed by one Rekha Kailash Raut); NOTICE OF MOTION(L) NO. 278 OF 2018: (filed by one Ranlakhan Budhiram Kahar); NOTICE OF MOTION(L) NO. 279 OF 2018: (filed by one Asha Anand Raut):
22. These three Motions by Rekha Raut, Kahar and Asha Raut have not been served. But they are of a class similar to the previous ones and are dismissed on the same terms.
CONTEMPT PETITION (L) NO. 2 OF 2018:
23. This is filed by four residents of Mira Road and Bhayander complaining that Seven Eleven Constructions Pvt. Ltd and Seven Eleven Hotels Pvt. Ltd have carried out illegal constructions on Survey No. 265/2, 4, 266/1 and 267/2, at village Navghar within the jurisdiction of the Mira Bhayander Municipal Corporation and are therefore in Contempt of Orders of this Court. It is difficult to see how persons who are not the Petitioners can maintain such a Contempt Petition. This is especially so, since the parent proceedings is a PIL.Page 13 of 17
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24. The Contempt Petitioner claims to have moved in the public interest. If the Petitioners have a grievance, they are at liberty to file their own PIL.
25. The Contempt Petition is dismissed.
CHAMBER SUMMON (L) NO. 37 OF 2016:
26. This Chamber Summons has been allowed on 29th January 2016. It does not survive.
NOTICE OF MOTION NO. 259 OF 2017:
27. This is a Motion we propose to hear because the Mira Bhyander Municipal Corporation seeks quashing of an order passed by the Sub-Divisional Officer, Thane ("SDO"). He directed the removal unauthorised construction carried out by Municipal Corporation itself in wetlands at various places. This seems to us prima facie to be an extraordinary situation were a SDO says there is unauthorised activity on wetland and that this is being done by the Municipal Corporation itself, the very body that is supposed to hold such lands in public trust. Then the Municipal Corporation approaches the PIL Court seeking quashing of the order of SDO, a functionary of the State Government. As we said: extraordinary.
28. List on 25th August 2022 at 2.30 pm. Page 14 of 17 25th July 2022 ::: Uploaded on - 27/07/2022 ::: Downloaded on - 28/07/2022 07:17:22 ::: 3-PIL-87-2013++.DOC NOTICE OF MOTION(L) NO. 140 OF 2017:
29. This is a motion by the Jawaharlal Nehru Port Trust ("JNPT") seeking permission to carry out reclamation and development works on certain Survey Nos. in Uran Taluka in Raigad District. Apparently, the SDO, Panvel has said that these lands, Survey Nos. 155 & 158A, are wetlands. JNPT is said to have unlawfully changed the land use and has been directed to restore the degraded wetlands. The Motion will have to be heard on the next date.
30. List on 25th August 2022 at 2.30 pm. NOTICE OF MOTION(L) NO. 151 OF 2017:
31. This Notice of Motion has been unconditionally withdrawn on 6th December 2021.
CHAMBER SUMMONS NO. 194 OF 2017:
32. This Chamber Summons has not been served. That itself is a reason to dismiss it.
33. The Chamber Summons is dismissed.
CHAMBER SUMMONS NO. 194 OF 2017:
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34. The Applicant, Prakash Dattaram Bhandari, seeks intervention on the basis that the Applicant need urgent relief. What that urgent relief is has not been stated anywhere. This is apart from the fact that the Chamber summons has not been served in all this time. It was filed in July 2019, so even the pandemic cannot be an excuse.
35. The Chamber Summons is dismissed.
NOTICE OF MOTION NO. 344 OF 2019:
36. This Notice of Motion is filed by the Petitioners and will have to be heard.
37. List on 25th August 2022 at 2.30 pm. NOTICE OF MOTION (L)NO. 740 OF 2015:
38. The Applicant is the partner of a developer firm. He seeks leave to carry on construction on the new Survey No. 348/1A, piece of land 158.07 sq. mtrs in Taluka Vasai. These lands have been declared as wetlands by the learned Additional Commission, Konkan Division.
39. List on 25th August 2022 at 2.30 pm.
40. The Registry and the Associate are directed to update CIS. Update the CIS records accordingly, so that the matters that have Page 16 of 17 25th July 2022 ::: Uploaded on - 27/07/2022 ::: Downloaded on - 28/07/2022 07:17:22 ::: 3-PIL-87-2013++.DOC been disposed of either earlier or today are shown as such. Papers in the disposed of matters are not to be circulated.
41. The only pending matters are Sr Nos. 17, 18, 21 and 22 from the chart marked Z-1. All these will be listed on 25th August 2022 at 2.30 pm.
42. We are told that the Petitioners have filed a fresh Interim Application (L) No. 23449 of 2022 said to consolidate many of the reliefs earlier sought. The service of the new Interim Application is to be completed. So far copies have been sent only by email. Hard copies will need to be served.
INTERIM APPLICATION (L) NO. 23449 OF 2022:
43. Affidavits in Reply are to be filed and served by 22nd August 2022.
44. List this matter on 25th August 2022 at 2.30 pm along with other matters.
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