PIL 25/11 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD PUBLIC INTEREST LITIGATION NO.25/2011 Shaikh Budan Shaikh Gulab V/s The State & others. _______________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | Smt.Rashmi P. Gour, Advocate for petitioner. Shri K.M. Suryawanshi, AGP for respondent nos.1, 2 & 5. Smt.Preeti Diggikar, Advocate for respondent nos.3 & 4. Shri Alok Sharma, Assistant Solicitor General for respondent no.6. Respondent no.7 served. Shri P.V. Mandlik, Senior Counsel i/b Shri A.S. Gandhi, Advocate for respondent no.8. CORAM: B.R. GAVAI & M.T. JOSHI, JJ. Date: 23.11.2011 Heard learned counsel for the respective parties. Present Public Interest Litigation has been filed for direction to the respondents to carry out detailed investigation in the matter of illegalities committed by the developer while constructing the commercial centre on Survey No.1/2 at Pathri. PIL 25/11 2 We have perused the communication dated 24.12.2010 addressed by the respondent no.3 to the respondent no.8 i.e. the developer. It has been stated in the said letter that unless certain compliances mentioned in the said letter are made by the respondent no.8, the construction is not permissible. Smt.Preeti Diggikar, the learned counsel appearing on behalf of the respondent nos.3 & 4, makes a categoric statement that unless lacunae, as pointed out in the letter dated 24.12.2010, are removed by the respondent no.8, further construction would not be permitted by the respondent no. 3. Apart from that, we have also perused the letter dated 16.6.2011 addressed by the Collector, Parbhani, to the Secretary to the Chief Minister giving his comments on certain objections. The perusal of the said letter would reveal that the land in question was a Government barren land and was transferred to the Municipal Council on 22.10.1956. It PIL 25/11 3 would further reveal that the Municipal Council, Pathri, vide its resolution dated 5.1.1963 has resolved to transfer 7 Acres land to the Panchayat Samiti. He has further stated that necessary steps for taking entries in 7/12 extracts regarding the transfer of land to the Panchayat Samiti are being taken. In view of categoric statement on behalf of the respondent no.3 that the construction would not be permitted unless the lacunae pointed out in the communication dated 24.12.2010 are rectified, we do not find that any purpose would be served by keeping the present petition alive. We find that the public interest of the petitioner has been taken care of by the respondents. The petition is, therefore, rejected. (M.T. Joshi, J.) (B.R. Gavai, J.) Dt/- 23.11.2011 ndk/c23111123