Bombay High Court Disposes of Batch of Writ Petitions Regarding Encroachments and Treats One as PIL to Monitor Supreme Court Directions. The Court Issued Rule and Heard Matters Finally, but the Complete Order and Findings Were Not Available in the Judgment Excerpt.

High Court: Bombay High Court Bench: NAGPUR
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Case Note & Summary

The High Court of Judicature at Bombay, Nagpur Bench, heard a batch of writ petitions filed by various religious trusts and societies against the State of Maharashtra, Nagpur Municipal Corporation, and other authorities. The lead petition, Writ Petition No. 6177 of 2006, was treated as a public interest litigation to monitor the implementation of directions issued by the Supreme Court. The court issued rule in all the writ petitions, made it returnable forthwith, and with consent of all counsel, heard the matters finally. The judgment, however, only recorded that Writ Petition No. 6177 of 2006 was being treated as a PIL for monitoring Supreme Court directives, and the remainder of the judgment was not included in the provided excerpt, leaving the final orders and reasoning undisclosed.

Issue of Consideration

CIVIL APPLICATION NO.1809 2018

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Final Decision

The court issued rule in all the writ petitions, made it returnable forthwith, and with consent of counsel, heard the matters finally. The judgment text truncated after recording that Writ Petition No. 6177 of 2006 was treated as a PIL for monitoring Supreme Court directions. The remaining part of the judgment, including final orders and reasoning, was not available in the provided excerpt.

Case Details

2018 LawText (BOM) (09) 106

Civil Application No.1809/2018 in Writ Petition No.6177/2006 with Writ Petition Nos. 3446/2007, 3951/2018, 4480/2018, 4497/2018, 4507/2018, 4769/2018, 6121/2018, 6122/2018, 6123/2018, 6124/2018, 6125/2018

2018-09-19

B.R. Gavai, S.B. Shukre

Firdos T. Mirza, Sunil Manohar, S.Y. Deopujari, C.S. Kaptan, S.M. Puranik, S.K. Mishra, G.A. Kunte, M.K. Kulkarni, Mohd. Ateeque, Shantanu M. Pande, A.S. Kilor, A.J. Mirza, A.B. Moon

Shri Manohar Bapurao Khorgade and another (in WP 6177/2006); multiple religious trusts/societies in connected petitions

The State of Maharashtra and Ors.

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Nature of Litigation

Public interest litigation and connected writ petitions concerning alleged encroachments/unauthorised constructions on public lands by religious structures

Filing Reason

To monitor implementation of Supreme Court directions

Judgment Excerpts

1. Rule in Writ Petition Nos. 3446/2007,3951/2018, 4480/2018, 4497/2018, 4507/2018, 4769/2018, 6121/2018, 6122/2018, 6123/2018, 6124/2018 and 6125/2018. Rule made returnable forthwith. Respective counsel waive service for the respective respondents. These writ petitions along with Civil Application No.1809 of 2018 in Writ Petition No.6177 of 2006 are heard finally by consent of learned counsel appearing for the parties. 2. Writ Petition No.6177 of 2006 has been treated by this Court as a public interest litigation to monitor the issue of implementation of the directions issued by the Hon'ble Supreme Court. The other writ petitions which are being disposed of

Procedural History

The writ petitions were filed over several years, with Writ Petition No. 6177 of 2006 filed earlier. On 19 September 2018, the High Court heard the petitions together, issued rule, and proceeded to final hearing by consent. The judgment was delivered orally on the same day.

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