SWACCH ASSOCIATION, NAGPUR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted. 1.1 Heard learned Senor Advocate Mr. Gopal Sankaranarayanan for the appellant, learned Solicitor General Mr. Tushar Mehta for respondent Nos.1, 2 and 8, learned Additional Solicitor General Ms. Aishwarya Bhati for respondent Nos.8 and 9, learned Senior Advocate Mr. Shekhar Naphade for respondent No.3, learned Senior Advocate Mr. S.K. Mishra for respondent No.4, learned Senior Advocate Mr. Dama Seshadri Naidu for respondent No.5, learned Senior Advocate Mr. Rohit Anil Rathi for respondent No.6, learned Senior Advocate Mr. Neeraj Kishan Kaul for the intervenor, along with the respective assisting learned advocates, at length.

(2.) The appellant-original petitioner addresses challenge to the judgement and order dtd. 30/11/2023 passed by the Division Bench of the High Court of Bombay[Hereinafter, "High Court".], whereby the High Court disposed of the Public Interest Litigation No.4 of 2023 with certain observations and directions, declining to grant prayers made in the petition.

(3.) The case of the appellant before the High Court and further emphasised before this Court was inter alia that in the guise of beautification and in the name of recreational activities for the people, the respondent authorities had proceeded to construct and erect the Viewer's Gallery on the bank of the Futala Tank and had installed Musical Fountain in the body of the Tank. It was the grievance of the appellant that the construction of nine storeyed building near the Futala Tank was proposed for parking, food court, etc. and that erected there was a Floating Restaurant, artificial Banyan Tree and a Musical Fountain inside the body of the lake.