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MANINDRA MOHAN SHRIVASTAVA, SAMEER JAIN
Pradeep Kumar Sharma – Appellant
Versus
Municipal Corporation – Respondent
ORDER
1. Petitioners, claiming to be pro bono publico, have filed this PIL petition for removal of obstruction on account of installation of statue of Shri Babasaheb Bhimrao Ramji Ambedkar.
2. Petitioners state that the statue has been installed by unknown persons and despite representations made, the same is not being removed, which is causing obstruction to access to the colony where the petitioners reside. It is further submitted that earlier petition was filed, which was disposed off with direction to consider the representation followed by contempt petition, but tilldate, no concrete steps have been taken by Municipal Corporation, Jaipur, though a meeting was convened on 14.10.2019, copy of which has been placed on record as Annexure-12.
3. At the outset, we find that the petitioners have chosen only a particular spot in the city rather than coming out with general prayer for removal of installation of unauthorised statues in the city. Petition, therefore, appears to be only for personal interest, not for public interest.
4. We further find that after the orders were passed earlier, a meeting was convened by Municipal Corporation, Jaipur on 14.10.2019, but the issue has still rema
The court emphasized the distinction between personal and public interest in PIL petitions and highlighted the authority of local bodies to address issues such as the placement of statues and traffic....
The installation of statues by municipal authorities falls within their discretionary powers under the Maharashtra Municipal Corporation Act, and such actions are justified when they serve public saf....
The court cannot adjudicate ownership disputes under Article 226 and emphasizes the need for civil court remedies for such matters.
The court's decision was influenced by the removal of the statue and the demolition of the platform, as confirmed by the official's written instructions and the petitioners' counsel's admission.
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