A summary of the important cases from the causelist of the Bombay High Court..LIST OF CASES.Bombay High Court.Public Concern for Governance Trust v. Union of India & 4 Ors.Dr. (KUM.) Heta C Shah & 3 Ors. v. State of Maharashtra & 20 Ors.Dayanand Stalin v. Ashok Lavasa & 9 Ors.Awaaz Foundation v. Union of India & Ors.Pradeep Govind Bhalekar v. State of Maharashtra & Ors..1. Public Concern for Governance Trust v. Union of India & 4 Ors..[Item 1 Court 52- PILST(OS)/154/2015].Bench: VM Kanade, MS Sonak JJ..A PIL seeking a stay on Mumbai Metro One fare hike. The Mumbai Metro One Private Ltd.(MMOPL) had moved to the apex court challenging the interim stay in fare hike ordered by the High Court. The apex court refused to intervene, the interim relief has continued till now..Senior counsel Aspi Chinoy appears for MMRDA and Senior counsel Prasad Dhakephalkar appears for MMOPL..Today in court: Kanade J was on leave hence the matter was not heard..2. Dr. (KUM.) Heta C Shah & 3 Ors. v. State of Maharashtra & 20 Ors..[Item 10 Court 52- PIL(OS)/36/2016].Bench: VM Kanade, MS Sonak JJ.Check evening updates..Today in court: Kanade J was on leave hence the matter was not heard..3. Dayanand Stalin v. Ashok Lavasa & 9 Ors..[Item 22 Court 13- CONPP(OS)/1/2015].Bench: AS Oka, AA Sayed JJ.The petitioner states that despite previous orders regarding illegal reclamation of wetlands, the concerned authorities have not done anything to stop the reclamation. Previously, the bench had directed the state to ensure compliance with the court’s orders or else face contempt proceedings. The petitioners have also provided the exact locations where these reclamations have taken place, an enquiry was supposed to conducted by the concerned authorities and a corresponding affidavit will be filed today..Today in court: Four affidavits were filed by sub division officers of the following municipalities- Thane, Bhiwandi, Mumbai suburban district and Mira Bhayandar. These affidavits were supposed to have details of all the findings in an enquiry conducted by these officers regarding reclamation of wetlands in their respective municipalities..Oka J refused to take these affidavits on record, stating that they showed a casual approach of the state..“Officers are not even conscious of the fact that they were to deal with destruction of wetlands not mangroves.The response of the state has been casual, it is a sensitive issue.”.Reminding the state of Articles 48A and 51A of the constitution he said:.“It is the fundamental duty of citizens, collective duty of the state to protect water bodies.” .The State government has now been asked to clear it’s position as to whether it wants to protect the water bodies in the state. The next hearing is on July 11..4. Awaaz Foundation v. Union of India & Ors..[Item 25 Court 21- PIL(C)/179/2012].Bench: SS Kemkar, MS Karnik JJ.This PIL has sought the Sawantwadi-Dodamarg wildlife corridor to be declared an Ecologically Sensitive Area (ESA), which it was in 2014. Although five panchayats passed a resolution in support of this declaration, twenty panchayats opposed it saying it is a restriction on developmental activities. The MoEF was also directed to submit a proposal to declare the 35 km stretch as an ESA..Today in court: This matter was listed wrongly on board..5. Pradeep Govind Bhalekar v. State of Maharashtra & Ors..[Item 29 Court 52- CRPIL/9/2016].Bench: VM Kanade, AA Sayed JJ.Check evening updates..This PIL was filed against the early release of actor Sanjay Dutt, the bench had questioned the urgency in the case as the actor had already been released and adjourned the matter..Today in court: Kanade J was on leave hence the matter was not heard.
A summary of the important cases from the causelist of the Bombay High Court..LIST OF CASES.Bombay High Court.Public Concern for Governance Trust v. Union of India & 4 Ors.Dr. (KUM.) Heta C Shah & 3 Ors. v. State of Maharashtra & 20 Ors.Dayanand Stalin v. Ashok Lavasa & 9 Ors.Awaaz Foundation v. Union of India & Ors.Pradeep Govind Bhalekar v. State of Maharashtra & Ors..1. Public Concern for Governance Trust v. Union of India & 4 Ors..[Item 1 Court 52- PILST(OS)/154/2015].Bench: VM Kanade, MS Sonak JJ..A PIL seeking a stay on Mumbai Metro One fare hike. The Mumbai Metro One Private Ltd.(MMOPL) had moved to the apex court challenging the interim stay in fare hike ordered by the High Court. The apex court refused to intervene, the interim relief has continued till now..Senior counsel Aspi Chinoy appears for MMRDA and Senior counsel Prasad Dhakephalkar appears for MMOPL..Today in court: Kanade J was on leave hence the matter was not heard..2. Dr. (KUM.) Heta C Shah & 3 Ors. v. State of Maharashtra & 20 Ors..[Item 10 Court 52- PIL(OS)/36/2016].Bench: VM Kanade, MS Sonak JJ.Check evening updates..Today in court: Kanade J was on leave hence the matter was not heard..3. Dayanand Stalin v. Ashok Lavasa & 9 Ors..[Item 22 Court 13- CONPP(OS)/1/2015].Bench: AS Oka, AA Sayed JJ.The petitioner states that despite previous orders regarding illegal reclamation of wetlands, the concerned authorities have not done anything to stop the reclamation. Previously, the bench had directed the state to ensure compliance with the court’s orders or else face contempt proceedings. The petitioners have also provided the exact locations where these reclamations have taken place, an enquiry was supposed to conducted by the concerned authorities and a corresponding affidavit will be filed today..Today in court: Four affidavits were filed by sub division officers of the following municipalities- Thane, Bhiwandi, Mumbai suburban district and Mira Bhayandar. These affidavits were supposed to have details of all the findings in an enquiry conducted by these officers regarding reclamation of wetlands in their respective municipalities..Oka J refused to take these affidavits on record, stating that they showed a casual approach of the state..“Officers are not even conscious of the fact that they were to deal with destruction of wetlands not mangroves.The response of the state has been casual, it is a sensitive issue.”.Reminding the state of Articles 48A and 51A of the constitution he said:.“It is the fundamental duty of citizens, collective duty of the state to protect water bodies.” .The State government has now been asked to clear it’s position as to whether it wants to protect the water bodies in the state. The next hearing is on July 11..4. Awaaz Foundation v. Union of India & Ors..[Item 25 Court 21- PIL(C)/179/2012].Bench: SS Kemkar, MS Karnik JJ.This PIL has sought the Sawantwadi-Dodamarg wildlife corridor to be declared an Ecologically Sensitive Area (ESA), which it was in 2014. Although five panchayats passed a resolution in support of this declaration, twenty panchayats opposed it saying it is a restriction on developmental activities. The MoEF was also directed to submit a proposal to declare the 35 km stretch as an ESA..Today in court: This matter was listed wrongly on board..5. Pradeep Govind Bhalekar v. State of Maharashtra & Ors..[Item 29 Court 52- CRPIL/9/2016].Bench: VM Kanade, AA Sayed JJ.Check evening updates..This PIL was filed against the early release of actor Sanjay Dutt, the bench had questioned the urgency in the case as the actor had already been released and adjourned the matter..Today in court: Kanade J was on leave hence the matter was not heard.
