Bombay High Court
Nirav Deepak Modi vs State Of Maharashtra And Ors on 13 February, 2020
Author: R.I. Chagla
Bench: S.C. Dharmadhikari, R.I. Chagla
907.ASPIL107.09.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO. 107 OF 2009
WITH
CIVIL APPLICATION NO. 76 OF 2010
WITH
CIVIL APPLICATION NO. 4 OF 2019
WITH
CIVIL APPLICATION NO. 5 OF 2019
IN
PUBLIC INTEREST LITIGATION 107 OF 2009
Sambhuraje Yuvakranti of Akhil Bhartiya
Maratha Seva Sangh ... Petitioner
Vs
1 Tahsildar-Alibaug, & Ors. ... Respondents
WITH
WRIT PETITION NO. 2235 OF 2010
Jamshed Pesi Cama ... Petitioners
Vs
1 The State of Maharashtra & Ors. ... Respondents
WITH
WRIT PETITION NO. 2297 OF 2010
Karuna Abhijit Rajan ... Petitioners
Vs
1 The Sub-Divisional Officer, Alibag
Sub-Division & Ors. ... Respondents
WITH
WRIT PETITION NO. 2541 OF 2010
Nirav Deepak Modi ... Petitioners
Vs
1 State of Maharashtra & Ors. ... Respondents
SRP 1/5
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907.ASPIL107.09.doc
Mr. U.B. Nighot for the Petitioners.
Mr. P.P. Kakade, Govt. Pleader, with Mrs. R.A. Salunkhe, AGP, for
the Respondent Nos.1 to 5-State.
Mr. R.V. Govilkar with N.R. Prajapati for the Respondent No.6.
Ms. Jaya Bagve i/b Sharmila Deshmukh for the Respondent No.7.
Mr. Sarjerao Maske=Patil, Sub-Divisional Officer present.
Mr. Santosh Pawar, Dist. Government Pleader, District Raigad -
present.
CORAM : S.C. DHARMADHIKARI &
R.I. CHAGLA, JJ.
THURSDAY, 13TH FEBRUARY, 2020 P.C. :
1 We are informed by Mr. Kakade, learned Government Pleader, that both the Collector of the District as also the Principal District & Sessions Judge are newly appointed officers.
They have taken charge recently. They have been apprised of the earlier order and direction of this Court and the District Collector has tendered an affidavit praying for three months' time to pass an order in those cases where permissions are to be reviewed by the Collector.
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907.ASPIL107.09.doc 2 The identified cases of this nature are 16. Earlier, permissions were granted by the Collector and now they are sought to be reviewed. We do not know why three months' time is required to deal with only 16 cases. Even if a hearing has to be given to the affected parties and a reasoned order required to be passed, still, the proceedings are not comparable or on par with a Court of law. There is no question of allowing parties to make submissions for days together or to go on introducing documents or proof of validity of the permissions and for that purpose, adjourn the hearing. The Collector would be well advised to fix a schedule of hearing and of disposing of these cases finally by a reasoned order. We grant six (6) weeks; time to do so. In the event she is unable to complete the process, she may have to remain present before this Court to explain the position. 2 We have, in our order, passed on 16 th January, 2020, noted that the District Government Pleader was not taking steps so as to move the Principal District & Sessions Judge to request for consolidation of the Appeals (Civil Miscellaneous Applications and Regular Appeals) and the pending Civil Suits and having them assigned to one or two Courts so as to avoid delay and SRP 3/5 ::: Uploaded on - 18/02/2020 ::: Downloaded on - 09/06/2020 08:54:51 :::
907.ASPIL107.09.doc conflicting orders and opinions. Now, an affidavit is filed today and the District Government Pleader Shri Santosh Sakharam Pawar has tendered his unconditional apology for the inconvenience caused to this Court. He has now said that he will take up the matter with the Principal District & Sessions Judge who is recently appointed and request that the Civil Miscellaneous Appeals / Regular Appeals be assigned to one or two Courts (Appellate Bench) and all the Civil Suits should be categorized for being assigned to two or three Courts for ensuring their early disposal. If such applications are already filed by him, as stated in this affidavit, we direct the Principal District & Sessions Judge to issue necessary directions and pass orders on these applications within one week from today. On these applications invoking the administrative power of the Principal District & Sessions Judge, neither any elaborate hearing is expected nor any detailed orders. The administrative matters can be concluded by a brief note or noting on the files. 3 After the Principal District & Sessions Judge completes the process as afore-directed, the respective Courts to take up these cases seriatim for disposal in accordance with law SRP 4/5 ::: Uploaded on - 18/02/2020 ::: Downloaded on - 09/06/2020 08:54:51 :::
907.ASPIL107.09.doc and give them a priority for the simple reason that the structures at the site have been identified by the State and other competent authorities to be illegal and the burden is entirely on the plaintiff / applicant to establish and prove to the contrary. Therefore, contra evidence has to be produced by him or her and if that is not available and produced on record, the legal consequences must follow. Even this aspect of the matter does not require the cases to be kept pending for years together. It would be better if a time-table is drawn up for disposal of such cases and periodical reports with regard to their disposal are placed before this Court, particularly on the file of this litigation. We direct accordingly and now fix the date as 16 th April, 2020 as a date on which we would like the parties to place a comprehensive affidavit on record.
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