1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL APPLICATION NO.21 OF 2007 IN P.I.L. P.I.L. P.I.L. NO. 72 OF 2003 NO. 72 OF 2003 NO. 72 OF 2003 Ashok Bhagwant Kavade & Ors. ... Petitioners Vs. The State of Maharashtra ... Respondents & ors. Mr. A.A. Garge for the Petitioners. Mr. P.M. Arjunwadkar i/b G.S. Godbole for 3A & 3C. Ms. Rupali Pawar i/by V.G. Mujumdar for Respondent no.2. Mr. P.M. Patil, AGP for State- Respondent no.1. CORAM CORAM CORAM : BILAL NAZKI & : BILAL NAZKI & : BILAL NAZKI & A.P. A.P. A.P. DESHPANDE, JJ. DESHPANDE, JJ. DESHPANDE, JJ. DATE DATE DATE : 2ND APRIL, 2008 : 2ND APRIL, 2008 : 2ND APRIL, 2008 P.C. P.C. P.C. :- :- :- 1) The Petitioner has filed this P.I.L. with a grievance that respondent no. 3 was constructing a building in an area where the land is reserved for the road in development plan. He also contended that Respondent no.3 was also violating the building permission granted to him by respondent no. 2. The respondent no.2 has filed their counter and stated that there were some deviations and the work was stopped and after the deviation was removed and work was allowed to 2 be executed again. In para 6 of the Affidavit, they have stated that respondent no.3 was making construction in accordance with the plan. They have also stated in their Affidavit that the land reserved for Maternity Home and road is not being utilised by respondent no. 3. These assertions made by respondent no. 2 are contested by learned counsel for the Petitioner. We are afraid that since there are various questions of fact involved we may not be able to decide the same in this Writ Petition. If, however, the Petitioner is aggrieved, he may approach appropriate Court for redressal of his grievance. 2) Needless to say that for the purpose of limitation, the period spent for pursuing the present remedy shall be taken into consideration. 3) With these observations, P.I.L. is dismissed. 4) As the P.I.L. is dismissed, Civil Application does not survive. ( BILAL NAZKI, J.) BILAL NAZKI, J.) BILAL NAZKI, J.) 3 ( A.P. DESHPANDE, J.) A.P. DESHPANDE, J.) A.P. DESHPANDE, J.)