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R. D. DHANUKA, M. G. SEWLIKAR
Kishor Manohar Kamble – Appellant
Versus
Pune Municipal Corporation – Respondent
JUDGMENT
R.D. Dhanuka, J. - By this petition filed under Article 226 of the Constitution of India, the petitioners seek a writ of certiorari for quashing and setting aside the approval granted by the respondent no.1 Corporation dated 5th November, 2020 for carrying out a change in the alignment of the Ambil Odha (stream) and also approval for carrying out a change in the alignment of the Ambil Odha dated 25th August, 2020 granted by the respondent no.2. By consent of parties, the writ petition was heard finally at the admission stage. Some of the relevant facts for the purpose of deciding this petition are as under :-
2. The petitioner no.1 claims to be a Social Worker and the President of Bahujan Ekta Parishad. The petitioner no.2 is the resident of Pune and runs a printing business. It is the case of the petitioners that Ambil Odha originates in the hilly area of Magadewadu and flows in a south to north direction through the city of Pune. Its final outfall is in the river Mutha. The total length of the Ambil Odha is 11.85 kms. According to the petitioners, the said Ambil Odha flows through survey no.135, final plot no.28 in a 'C' shape, or horse-shoe shape, which is the natural cou
The correction of boundaries as canvassed by the respondents is merely rectification of the boundaries and does not amount to removal of parts of the waterbody falling under section 37 of the MRTP Ac....
The court emphasized that the petitioner should approach the appropriate authority if an adverse order is passed by the Government, as the matter is pending with the Government.
Legal contention raised about applicability of Article 243ZD etc. has no application to the facts of the present case as the same applies only if the Scheme in question is framed by the concerned Mun....
Courts have to weigh the public interest vis-a-vis the private interest while exercising the power under Article 226 indeed any of their discretionary powers.
The court upheld the authority of the State Government to make variations in the Town Planning Scheme and directed the Town Planning Officer to consider objections against the proposed variation in a....
The main legal point established in the judgment is that the town planning scheme was framed in accordance with the law and that the project for laying down the 24 meter road was essential in public ....
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