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2018 Supreme(Bom) 1827

T.V.NALAWADE, VIBHA KANKANWADI
SHAHID ASLAM – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Advocates Appeared:
Daxini Roopa, Adv., M.M. Nerlikar, Adv., A.P. Bhandari, Adv., J.R. Shah, Adv., S.V. Kshirsagar, Adv., A.S. Deshpande, Adv., S.S. Kazi, Adv., U.A. Bhadgaonkar, Adv., Sanket S. Kulkarni, Adv., R.M. Joshi, Adv.

JUDGMENT :

T.V. Nalawade, J.

Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

2. The petition is filed for issuing directions to respondent Nos. 1 to 23 to take steps to shift the petrol pumps of respondent Nos. 24 to 31 from the present sites of petrol pumps for protection and preservation of some historical structures and sites of Aurangabad city. Directions are also sought to see that no petrol pump is allowed to be kept open within distance of 1 k.m. from historic sites mentioned in the petition. It is contended that representations were given to the Collector, Aurangabad to take steps as per the Ancient Monuments and Archaeological Sites and Remains Act, but the steps are not taken. It is contended that these petrol pumps have not obtained necessary certificates like no objection certificate from the concerned authority and as they store and sell explosive substances like petrol and diesel, they have become danger to the historical structures and in the past, some incidents had taken place in the vicinity of few of the petrol pumps




































































































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