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2023 Supreme(Bom) 2145

G. S. PATEL, KAMAL KHATA
Indumati Borse – Appellant
Versus
Pune Municipal Corporation – Respondent


Advocates appeared:
Abhijit Kulkarni, Advocate, Gaurav Shahane, Advocate, Krushna Jaybhay, Advocate, A.A.Alaspurkar, Advocate

JUDGMENT/ORDER

G.S. PATEL J. - Rule, returnable forthwith. Respondents waive service. There is now a final Affidavit in Reply from the Pune Municipal Corporation ("PMC") filed by one Abhijit P Dombe, presently Executive Engineer, Road Department.

2. The controversy in this matter, almost unbelievably, pertains to a statue. It is of Maharshi Dhondo Keshav Karve and it has been installed at Kothrud, Pune on the Kothrud Karve Road.

3. The three reliefs that the Petitioner seeks are the two prayers both numbered as (b) and the one prayer numbered as (c) at pages 22 and 23 of the paperbook. They read:

    a. That this Hon'ble Court be pleased to issue a Writ of Mandamus or any writ order or direction in the nature of mandamus calling for the record and proceedings regarding the installation of the said statue at Kothrud Karve Road; and after examining the legality and propriety thereof, be pleased to direct the Respondent No 1 to remove the said statue from the triangular comer portion of the acquired property situated at Survey No. 1 Hissa No 4, CTS No.406 to 434, Kothrud Karve Road, Pune, admeasuring approximately 1500 sq metres and to utilize the triangular comer portion of the acquired p

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