JANHIT MANCH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) My sister Justice Gyan Sudha Misra has delivered the judgment today in this matter by dismissing the Special Leave Petition holding that it has become infructuous. I am in respectful disagreement with the view expressed by Her Ladyship in this matter. As I received draft judgment in the evening of 24th April, 2014, I could not deliver judgment. I am of the view that the leave has to be granted and civil appeal has to be allowed. In the proceedings, it is stated that reasons would follow, that is why I am releasing this reasoned judgment.

(3.) Out of the 13 issues raised in the said writ petition, which were in two parts, six issues (in Part-A) were, remanded to the Municipal Commissioner for reconsideration and re-examination and (Part-B) Eight issues were finally decided by the High Court in the aforesaid writ petition (one issue being remanded in part). Pursuant to the said order of MCGM, six issues were decided vide order dated 12.09.2013.