Bombay High Court
Kishor Sundar Shetty vs Shri Abhijit Bangar Commissioner Of ... on 26 September, 2022
Author: Madhav J. Jamdar
Bench: Dipankar Datta, Madhav J. Jamdar
5-aspil111-2022
AGK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO.111 OF 2022
Kishor Sundar Shetty ...Petitioner
V/s.
Abhijit Bangar, Commissioner
of Navi Mumbai Municipal
Corporation & Anr. ...Respondents
Mr. Kishor Sundar Shetty, petitioner in-person,
present.
None for the respondents.
CORAM: DIPANKAR DATTA, CJ. &
MADHAV J. JAMDAR, J.
DATE: SEPTEMBER 26, 2022 P.C.:
1. The petitioner by invoking the PIL jurisdiction of this Court alleges that illegal constructions on a large scale are being carried on in the Navi Mumbai Municipal Corporation (hereafter "NMMC", for short) area which, despite being brought to the notice of the respondents, has gone unchecked.
2. We find from the array of respondents that two officers of the NMMC have been joined as party-respondents eo nomine. As and when the officers are transferred or retire from the service, the petition may not survive against them.
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3. Since the concern expressed by the petitioner is of seminal importance, we grant him liberty to implead the Municipal Commissioner, NMMC as well as the Deputy Municipal Commissioner, NMMC, who is authorized to look after and bring down illegal constructions, as party- respondents in this petition. The State of Maharashtra in the Urban Development Department shall also be impleaded as party-respondent in this petition. Cause-title of the petition be amended within 3 (three) days from date.
4. Photographs have been annexed by the petitioner to the petition showing the extent of illegal constructions that have been raised. We are of the prima facie view that if such photographs are to be believed, the Court may have to come down heavily on such large-scale illegal constructions as pointed out by the petitioner. However, no effective order can be passed on this petition unless the persons responsible for such illegal constructions are put on notice generally.
5. We are informed by the petitioner that there are hundreds of unauthorized constructions and it may not be possible for him to implead all the persons responsible as party-respondents.
6. Having considered such submission of the petitioner, we grant him liberty to publish a notice in two daily newspapers having wide circulation in the NMMC area, one in English and one in Marathi, giving therein the gist of the concern expressed by him in this petition and the exact relief that is being sought for by him through this petition. It shall be indicated in such notice that any party willing to oppose the 2 5-aspil111-2022 prayer(s) may intervene in the petition and place his say in the matter. Such notice be published within a fortnight from date.
7. The petition shall be listed on 17th November 2022. On that date, the petitioner shall file an affidavit annexing therewith the notices published in the newspapers in terms of this order.
8. In the meanwhile, within a fortnight from date, the petitioner shall also effect service of copies of the writ petition on the original respondents as well as the added respondents. Proof of such service shall be included in the affidavit of service to be filed on the returnable date.
Digitally
signed by
(MADHAV J. JAMDAR, J.) (CHIEF JUSTICE)
ATUL
ATUL GANESH
GANESH KULKARNI
KULKARNI Date:
2022.09.26
19:23:30
+0530
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