IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O.O.C.J.
WRIT PETITION (PIL) NO.103 OF 2006
Smt.Meera Sadanand Kamath and another .. Petitioners
v/s.
Municipal Commissioner,
Municipal Corporation of Greater Bombay
and others .. Respondents
Mr.Rakesh Kumar i/by M/s. Legal Vision for the petitioners.
Mr. N.P. Pandit, Assistant Government Pleader for the respondent
Nos.9 to 11.
Mr. Nitin Pradhan i/by Mr. Amarendra Mishra for the respondent
Nos.4 to 6 and 8.
Mr. K.K. Singhvi, senior counsel with Ms. S. Ajithkumar for the
respondent Nos.1 and 3.
CORAM : R.M.LODHA &
S.A. BOBDE, JJ.
DATED : 21ST SEPTEMBER,
2006.
P.C.
Notice was issued to the respondents to show cause why rule be not
issued in this Public Interest Litigation. Notice was made returnable
today.
2. Reply affidavit has been filed on behalf of the respondent Nos.4,5,6
and 8 but no reply affidavit has been filed by respondent Nos.1
to 3.
3. Certain issues have been raised in the Public Interest Litigation
which require consideration by this court at length.
4. We are, thus, satisfied that rule be issued. We order accordingly.
5. Until further orders, we direct that the respondent No.5 shall
not charge any charges except service charges at the rate of Rs.5/-
per person above the age of 12 years.
6. We also direct the respondent No.4 to place on record the details
of the amount collected from the general public as membership fee,
entry fee and/or as donations in respect of final plot No.128, situate
at TPS III at Junction of Lokmanya Tilak Road and 57th Road, Borivli
(West), Mumbai, reserved in the development plan as public garden.
The aforesaid details shall be furnished by respondent No.4 within
three weeks from today with an advance copy to the advocate for
the petitioners. Stand over for three weeks.
(R.M.LODHA, J.)
(S.A. BOBDE, J.)
Meera Kamath
Email - meera.s.kamath@gmail.com
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