Mr. Rajiv Bhagelu Gupta vs The State Of Maharashtra And Ors
2022 Latest Caselaw 5044 Bom

                                                                       14. pil 8-2020 & anr.

           Diksha Rane
         Digitally
         signed by
                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         DIKSHA
DIKSHA   DINESH                 CIVIL APPELLATE JURISDICTION
DINESH   RANE
RANE     Date:
         2022.06.06
         18:25:20
         +0530            PUBLIC INTEREST LITIGATION NO. 8 OF 2020

                      Rajiv Bhagelu Gupta                      ..Petitioner
                            vs.
                      The State of Maharashtra & ors.          ..Respondents

                                           WITH
                      PUBLIC INTEREST LITIGATION ST.NO. 92282 OF 2020

                      Terence Roman Hendriques         ..Petitioner
                           vs.
                      The State of Maharashtra through
                      the Govt. Pleader                ..Respondent
                                                WITH
                          PUBLIC INTEREST LITIGATION NO. 7 OF 2020

                      Terence Roman Hendriques                 ..Petitioner
                            vs.
                      The State of Maharashtra through
                      the Govt. Pleader & ors.                 ..Respondents
                                                ------------
                      Mr. Ajay S. Jaiswal for petitioners.

                      Mr. P. P. Kakade, GP a/w. Mr. B. V. Samant, AGP for
                      respondent no.1-State in PIL (st)/92282/2020, for
                      respondent Nos. 1, 3 4 and 6 in PIL/8/2020 and for
                      respondent no.1 in PIL/7/2020.

                      Mr. Ashutosh Gole for respondent no.16 in PIL/7/2020.

                      Ms. Swati Sagvekar for respondent no. 2 to 4 - Vasai Virar
                      City Municipal Corporation in PIL/7/2020, for respondent
                      no.2 in PIL/8/2020 and for respondent nos. 2 & 3 in PIL
                      (st)/92282/2020.

                      Mr. Siddhsen Borolkar i/b. Sainand Chaugule for respondent

                                                     1
                                                      14. pil 8-2020 & anr.

nos. 7 & 8 in PIL/8/2020, for respondent no.4 in
PILST/92282/2020 and for respondent no.17 in PIL/7/2020.

                   CORAM : DIPANKAR DATTA, CJ &
                           M. S. KARNIK, J.

                   DATE       : JUNE 6, 2022.


P.C. :

1.   All   but    one    of   the   concerns   expressed       by    the

petitioners in these PIL petitions are squarely covered by the judgment and order dated February 26, 2022 passed by a co-ordinate Bench of this Court in suo motu Public Interest Litigation No. 1 of 2020.

2. Mr. Ajay Jaiswal, learned advocate appearing for the petitioners, has invited our attention to Government Resolution dated May 3, 2018. At paragraph 3 thereof, we find a direction of the Government to all the Corporations that caveats be lodged before the Civil Courts as soon as orders of demolition are passed.

3. Grievance raised by Mr. Jaiswal is that such caveats are not being lodged in terms of the said Government Resolution.

4. This submission has been denied by Ms. Swati Sagvekar, learned advocate appearing for the Vasai Virar City Municipal Corporation. According to her, advocates on the panel for the Corporation are suitably instructed to oppose pleas seeking stay of operation of orders of

14. pil 8-2020 & anr.

demolition and that regularly, caveats are being lodged.

5. We require the Corporation to put on record by way of an affidavit the number of demolition orders passed by it during the last two years, the number of caveats that have been lodged, the number of demolition orders that have been implemented and the number of cases where demolition orders could not be given effect due to injunction granted by the Civil Courts. Let such affidavit be filed by three weeks from date.

6. List the PIL petition on July 4, 2022.

(M. S. KARNIK, J.)                        (CHIEF JUSTICE)