Case Note & Summary
The matter involves a public interest litigation filed before the High Court of Judicature at Bombay, Nagpur Bench, by social workers Madhukar Sampatrao Patil, Hansdas Pralhad Ramteke, Anil Jagannath Ramteke, and Navin Chandra Sahare, along with one deleted petitioner. The petition sought a writ of mandamus directing the State of Maharashtra, through its Urban Development and Revenue departments, the Nagpur Municipal Corporation, the District Collector, and the Commissioner of Police, to immediately remove encroachments on lands reserved for public utility, garden, dispensary, and educational purposes in the Bezanbag area of Nagpur Municipal Corporation. The petitioners also sought directions to ensure that such encroachments do not recur. The High Court, by an administrative order of the then Senior Administrative Judge dated 14-02-2008, directed the petition to be treated as a Public Interest Litigation, recognizing the alleged apathy and inaction of the authorities. Notice was issued to the respondents on 03-04-2008. Subsequently, Bezanbagh Sangharsh Samitee and Bezonbagh Pragatisheel Kamgar Gruha Nirman Sahakari Sanstha Ltd. were added as respondents, and the Hon'ble Chief Minister was also impleaded. A group of 29 interveners, residents of various plots in the Bezonbagh area, were added to support the respondents. In 2014, a contempt petition was filed by some of the original petitioners against the Divisional Commissioner, Nagpur, alleging non-compliance with the court's earlier orders. Additionally, in 2019, another writ petition was filed by residents of Khadan Layout, Bezonbagh, seeking similar reliefs. All three matters were heard together by the Division Bench of Justices R.K. Deshpande and Vinay Joshi. The judgment was reserved on 09-01-2019 and pronounced on 26-02-2019. The specific holding, legal reasoning, and final directions of the court are not discernible from the available text.
Issue of Consideration
WRIT PETITION (PIL) NO.1515 OF 2008
Case Details
2019 LawText (BOM) (03) 118
Writ Petition (PIL) No.1515 of 2008 (with Contempt Petition No.168 of 2014 and Writ Petition No.123 of 2019)
R.K. Deshpande, Vinay Joshi
F.T. Mirza, S.P. Dharmadhikari, S.M. Ukey, S.M. Puranik, A.H. Patil, S.P. Bhandarkar
Madhukar Sampatrao Patil, Hansdas Pralhad Ramteke, Anil Jagannath Ramteke, Navin Chandra Sahare
The State of Maharashtra (Urban Development Department, Revenue Department), Commissioner of Nagpur Municipal Corporation, District Collector Nagpur, Commissioner of Police Nagpur, Bezanbagh Sangharsh Samitee, Bezonbagh Pragatisheel Kamgar Gruha Nirman Sahakari Sanstha Ltd., Hon'ble Chief Minister of Maharashtra
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Public Interest Litigation
Remedy Sought
A writ of mandamus directing the respondents to immediately remove encroachments on lands reserved for public utility, garden, dispensary and educational purposes in Bezanbag area, Nagpur Municipal Corporation, and to prevent future encroachments.
Filing Reason
Alleged apathy and inaction of the respondents in removing encroachments on public utility land.
Judgment Excerpts
This petition is filed in public interest to command the respondents to immediately remove the encroachments made on the lands reserved for public utility, garden, dispensary and educational purposes from the Bezanbag area in the Nagpur Municipal Corporation.
Procedural History
Writ Petition (PIL) No.1515 of 2008 filed; by administrative order dated 14-02-2008 treated as Public Interest Litigation; notice issued to respondents on 03-04-2008; petitioner No.1 deleted on 06-05-2014; Bezanbagh Sangharsh Samitee added as respondent No.6 on 31-03-2009; Bezonbagh Pragatisheel Kamgar Gruha Nirman Sahakari Sanstha Ltd. added as respondent No.7 on 18-11-2009; Hon'ble Chief Minister added as respondent No.8 on 11-04-2012; interveners added on 21-01-2012; Contempt Petition No.168 of 2014 filed alleging non-compliance; Writ Petition No.123 of 2019 filed; all matters heard together and judgment reserved on 09-01-2019, pronounced on 26-02-2019.
