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2006 Supreme(Bom) 1241

R.M.LODHA, H.NARESH PATIL
Mishrimal Jethamal Oswal – Appellant
Versus
Municipal Council of Lonavala – Respondent


Per LODHA R.M., J.: - This writ petition entitled public interest litigation, crystalises three issues for our consideration and decision:

(one) Whether the writ petition is in pro bono publico;

(two) Whether the disputed pathway and the old bridge is a public road/public street; and (three) Whether the closure of the said pathway and the old bridge by the respondent No.4 - Tata Power Company Limited is illegal, unjustified and unauthorised.

2. The controversy arises in the facts and circumstances, which we may notice immediately hereinafter.

3. Mishrimal Jethama1 Oswal is the petitioner. He is inhabitant of Lonavala for the last 35 years. He has served as Municipal Engineer with the Lonavala Municipal Council and after his retirement claims to have been actively participating in the activities for improvement of civic facilities in Lonavala. In the Lonavala village, Taluka Maval, District Pune, there is a dam. We shall refer to it as Lonavala dam. Lonavala dam is said to have been built somewhere in the year 1910. The water of the Lonavala dam is used through duct lines for production of electricity at Tata Hydro Electric Power Plant at Khopoli.

4. The petitioner says that right from b



















































































































































































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