Bombay High Court
Lokmanya Jagrut Hanuman Mandir ... vs State Of Maharashtra, Through Its ... on 27 July, 2017
Bench: V.A. Naik
2707WP3152.15-Judgment 1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 3152 OF 2015
PETITIONER :- Lokmanya Jagrut Hanuman Mandir Bachao
Kruti Samiti, Lokmanya Sahakari Gruha
Nirman Sanstha, Dabha through its President
Shri Dnyaneshwar B. Barange, R/o:
Akankshi Society, Plot No.10, Near Kamble
Ata Chakki, Katol Road, Dabha, At Post:
Lava, Nagpur: 440 023.
...VERSUS...
RESPONDENTS :- 1. State of Maharashtra, through its Secretary
Urban Development Department,
Mantralaya, Mumbai : 400 032.
2. Nagpur Improvement trust, through its
Chairman, Near Liberty Talkies, Sadar,
Nagpur.
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Mrs.Neeta Jog, counsel for the petitioner.
Mrs.Mrunal Naik, Asstt.Govt.Pleader for the respondent No.1.
Mr. R.O.Chhabra, counsel for the respondent No.2.
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CORAM : SMT. VASANTI A NAIK &
ARUN D. UPADHYE
, JJ.
DATED : 27.07.2017
O R A L J U D G M E N T (Per Smt.Vasanti A Naik, J.)
By this writ petition, the petitioner challenges the notice of
demolition issued by the Nagpur Improvement Trust dated 21/05/2015
2707WP3152.15-Judgment 2/3
for demolition of the Hanuman Mandir which according to the
petitioner is more than 30 years old.
Mrs. Jog, the learned counsel for the petitioner, states that
the petitioner has made a representation to the Nagpur Improvement
Trust, not to demolish the Hanuman Mandir which is more than 30
years old and which is thronged by several devotees everyday. It is
stated that the grounds as to why the Hanuman Mandir should not be
demolished are mentioned in the representation. It is stated that a
direction may be issued to the Nagpur Improvement Trust to decide the
representation filed by the petitioner.
Shri Chhabra, the learned counsel for the Nagpur
Improvement Trust, states that if this court so directs, the Nagpur
Improvement Trust may decide the representation of the petitioner in
accordance with law.
In view of the statements recorded herein above, we
dispose of the writ petition with a direction to the Nagpur Improvement
Trust to decide the representation of the petitioner by granting an
opportunity to the petitioner to tender documents in support of the
representation and give a personal hearing, as requested on behalf of
2707WP3152.15-Judgment 3/3
the petitioner. Since the Hanuman Mandir seems to be very old, the ad
interim relief granted by this court on 29/05/2015, would continue till
the representation of the petitioner is decided. The Nagpur
Improvement Trust should ensure that the petitioner is heard through
some of its members before the representation is decided. Rule is made
absolute in the aforesaid terms with no order as to costs.
JUDGE JUDGE
KHUNTE
