Case Note & Summary
The petitioner, Indumati Borse, a 90-year-old resident of Pune, filed a writ petition seeking a mandamus to direct the Pune Municipal Corporation (PMC) to remove a statue of Maharshi Dhondo Keshav Karve installed on a triangular portion of land at Kothrud Karve Road. The land was acquired by the PMC for road widening and other purposes. The petitioner claimed that the statue obstructed road widening and caused traffic congestion. The court examined the prayers and the PMC's affidavit, which stated that the statue was installed as part of a beautification project and that road widening was planned but not yet executed due to budgetary constraints. The court held that a writ of mandamus cannot be issued to compel a public authority to perform a discretionary act in a particular manner. The PMC had the discretion to decide the timing and manner of road widening, and the court could not substitute its judgment. The petition was dismissed, but the court directed the PMC to consider the petitioner's representation and to ensure that road widening is carried out as per its plans.
Headnote
A) Constitutional Law - Writ of Mandamus - Public Duty - The court considered whether a writ of mandamus lies to compel a municipal authority to remove a statue for road widening. Held that mandamus is not available to direct a public authority to perform a discretionary act in a particular manner, especially when the decision involves policy and budgetary considerations. (Paras 1-11) B) Municipal Law - Road Widening - Discretion of Municipal Corporation - The court examined the PMC's decision to install a statue on a triangular plot acquired for road widening. Held that the PMC has the discretion to decide the timing and manner of road widening, and the court cannot substitute its own judgment for that of the municipal authority. (Paras 2-10) C) Property Law - Acquisition - Use of Acquired Land - The petitioner claimed that the statue was installed on land acquired for road widening. The court noted that the land was acquired for 'road widening and other purposes' and that the PMC's decision to install a statue was within its powers. (Paras 2-5)
Issue of Consideration
Whether a writ of mandamus can be issued to compel the Pune Municipal Corporation to remove a statue of Maharshi Dhondo Keshav Karve from a triangular portion of acquired land for road widening.
Final Decision
The petition is dismissed. The court directed the PMC to consider the petitioner's representation and to carry out road widening as per its plans.
Law Points
- Mandamus
- Public Interest
- Municipal Discretion
- Road Widening
- Statue Installation
