JVS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISIDICTION

SUO MOTU PUBLIC INTEREST LITIGATION NO. 1 OF 2021

HIGH COURT ON ITS OWN MOTION

WITH
INTERIM APPLICATION NO. 2787 OF 2021
IN
SUO MOTU PUBLIC INTEREST LITIGATION NO. 1 OF 2021

Pimpri Chinchwad Municipal }

Corporation, Through its }
Commissioner } Applicant

In the matter between:

High Court on its own motion } Petitioner

WITH
INTERIM APPLICATION NO. 2485 OF 2021
IN
SUO MOTU PUBLIC INTEREST LITIGATION NO. 1 OF 2021

Housing Development Finance }

Corporation Ltd. } Applicant

In the matter between:

High Court on its own motion }

& Ors. } Petitioners

WITH
CONTEMPT PETITION NO. 255 OF 2021
IN
SUO MOTU PUBLIC INTEREST LITIGATION NO. 1 OF 2021

Shivram Gangaya Shetty } Petitioner

Vs.
The Municipal Corporation of }
Greater Mumbai } Respondent

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CORAM: HON’BLE THE CHIEF JUSTICE
HON’BLE MR. JUSTICE A. A. SAYED
HON’BLE MR. JUSTICE S. S. SHINDE
HON’BLE MR. JUSTICE PRASANNA B. VARALE

Court On its Own Motion

Re: Matters wherein interim orders

have been passed by the High Court
of Bombay at its Principal Seat, and
the Benches at Nagpur and
Aurangabad, the High Court of
Bombay at Goa, and the courts/
tribunals subordinate to it including
the courts/tribunals in the Union
Territory of Dadra and Nagar Haveli,
and Daman and Diu, during the
second wave of the pandemic arising
out of COVID-19 virus and for
extending protection to those who
are disabled to access justice
because of the restricted functioning
of courts/ tribunals.

Mr. A. A. Kumbhakoni, Advocate General with

Mr. P. P. Kakade, Government Pleader,
Mr. Manish M. Pable, AGP and Ms. R. A.
Salunkhe, AGP for State.
Dr. Uday Prakash Warunjikar, Advocate for
Advocates’ Association of Western India.
Mr. Sanjeev P. Kadam, President, Advocates’
Association of Western India.
Mr. G. S. Keluskar for applicant in
IA/2787/2021.
Ms. Mithila Uday Damle for the applicant in
IA/2485/2021.
Ms. Bharti Bhansali i/b. FZB and Associates for
respondents in IA/2485/2021.
Mr. Y. K. Tiwari a/w Ms. Anjali Tiwari i/by K. P.
Tiwari & Company for petitioner in
CP/255/2021.

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 ORDER
(OCTOBER 21, 2021)

SMPIL NO. 1 OF 2021

1. Mr. Kumbhakoni, learned Advocate General for the State

of Maharashtra and Mr. Sanjeev Kadam and Dr. Uday
Warunjikar, learned advocates representing the Bar members
agree that the situation in the 5 (five) districts of
Maharashtra, i.e., Ahmednagar, Pune, Satara, Ratnagiri and
Osmanabad has vastly improved and that number of deaths
arising out of the pandemic is at a bare minimum. We are also
informed that the situation is well under control in such
districts.

2. In such view of the matter and as indicated in our earlier

order dated 8th October 2021, we vacate the interim
protective order that was made applicable to the aforesaid
five districts with effect from midnight. The parties involved in
any litigation/dispute shall be at liberty to obtain appropriate
orders from the appropriate fora.

3. We, however, do not propose to dispose of the sou motu

Public Interest Litigation at this stage, should the situation in
future calls for our intervention. Hearing of the suo motu PIL
stands adjourned sine die.

INTERIM APPLICATION NO. 2787 OF 2021

Since the interim protective order would stand vacated

at the end of midnight, the purpose for which this interim

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 application was instituted does not survive. The interim
application stands disposed of. No costs.

INTERIM APPLICATION NO. 2485 OF 2021

In view of the aforesaid order, nothing survives in this
interim application too. The same stands disposed of. No
costs.

CONTEMPT PETITION NO. 255 OF 2021

1. Mr. Tiwari, learned advocate for the petitioner submits

that amendment has been effected in the cause title of the
contempt petition in terms of the earlier order dated 8 th
October 2021 and that copy of the contempt petition has also
been served on the added contemnors/respondent nos. 2 and
3. However, we do not find an affidavit of service on record.

2. The petitioner shall be at liberty to move the regular

Bench taking up contempt matters arising out of orders
passed in proceedings pertaining to municipal laws.

CHIEF JUSTICE

SALUNKE
JV
JUSTICE A. A. SAYED
Digitally signed
by SALUNKE J V
Date: 2021.10.21
14:54:24 +0530

JUSTICE S. S. SHINDE

JUSTICE PRASANNA B. VARALE