Latest news with #SandeepVMarne
Indian Express
2 days ago
- Indian Express
Portions of seven structures near airport removed for height violations, action will continue: State to HC
The state government on Wednesday informed the Bombay High Court that portions of seven structures in the vicinity of the Mumbai International Airport that flouted height norms have been removed and the suburban district collector has complied with the court orders. The government reply stated that the Mumbai Suburban Collector's office will coordinate with the BMC and Mumbai Metropolitan Region Development Authority (MMRDA) for 'any action as may be required to be carried out in the future.' A bench of Chief Justice Alok Aradhe and Justice Sandeep V Marne was hearing a PIL filed by advocate Yeshwanth Shenoy, in 2019, raising concerns about airport safety. The plea had sought actions against the owners or developers of high-rise buildings/structures around Mumbai airport, that created 'obstacles' and caused threats to take-off and landing of flights. In July 2022, the HC had directed the collector to take steps to remove 48 structures consisting of unauthorised portions of buildings near Mumbai Airport flouting height norms and are in the way of approach surfaces of runaways. On March 26 and May 6, the bench had asked the collector to remove the concerned portions from the seven structures including the portions at Faiz CHSL, Allwin Apartments CHSL, Fazal House CHSL and Farzaan Apartment CHS in Kurla. The offending portions also included those from two structures at Rizwi Nagar Co-operative Housing Society Wing C and E and an offending portion at Dheeraj Heritage Premises in Santacruz (West). The compliance affidavit filed through the Collector's office stated that all of the owners have removed the portions including water tanks, antenna, iron pipes and have also made changes in respect of the concrete structures. The affidavit further stated that the removal of structures was confirmed by Mumbai International Airport Limited (MIAL) after an inspection. The affidavit further stated that in addition to compliance of HC directions, it has directed the Brihanmumbai Municipal Corporation (BMC), the planning authority, to issue notices under Maharashtra Regional Town Planning (MRTP) Act to remove unauthorised structures. The bench took the affidavit submitted by Government Pleader Neha Bhide on record and posted further hearing after four weeks to be heard by an appropriate bench not consisting of Justice Marne, as he recused from hearing the matter.
Indian Express
4 days ago
- Politics
- Indian Express
Take action against encroachments on Jewish cemetery land, Bombay HC tells Panvel civic body
The Bombay High Court on Monday directed Panvel Municipal Corporation (PMC) to remove unauthorised or illegal constructions on land belonging to a 200-year-old Jewish cemetery. A bench of Chief Justice Alok Aradhe and Justice Sandeep V Marne was hearing a plea by Jewish Heritage Trust, filed through its chief trustee Raymond A Gadkar alleging that certain encroachments in the form of unauthorised hutments and hoardings are made on its land reserved for Jewish community's burial rituals and repeated complaints to PMC have availed no action. The Trust, through senior advocate A S Khandeparkar, claimed that despite ongoing proceedings before legal forums, the PMC has repeatedly failed to take any action against the alleged encroachers despite it having identified them. The plea also raised grievances over the discharge of waste generated through the encroachments into the holy Israeli tank/lake. The petitioner Trust, which was formed to manage and protect Jewish heritage sites, said the tank is used to wash/clean the bodies prior to their burial as per Jewish rituals. 'Undoubtedly, under the Maharashtra Regional Town Planning (MRTP) Act,1966 and Maharashtra Municipal Corporation (MMC) Act, 1949, the Panvel Municipal Corporation is under a statutory obligation to remove encroachment and to keep the water bodies clean,' the HC noted. The court noted that whether the alleged construction was raised on a plot belonging to Subhan Shah Dargah or on the designated cremation ground of the petitioner Trust was 'a question of fact,' which it could not determine under Article 226 of the Constitution. Therefore, the court directed the ward officer of PMC to all persons or parties who may be in occupation of the concerned land and then take action against structures/encroachments as per law and the said exercise be completed within three months. The HC clarified that it did not express any opinion on the merits of the matter and any person or party aggrieved due to demolition or removal action was at liberty to take recourse to the remedy prescribed under the law. The court then disposed of the plea.
Indian Express
5 days ago
- Politics
- Indian Express
‘Can't dilute issue or protect wrongdoers': Bombay HC orders probe into 2012 New Year's Eve ‘party' at Mankhurd children's home
Observing that the authorities cannot protect wrongdoers or keep an issue pending for a decade, the Bombay High Court on Monday ordered a probe into an alleged party hosted on New Year's Eve in 2012 at a home for mentally deficient children (MDC) in suburban Mumbai's Mankhurd, consisting of 265 inmates. The court ordered the Commissioner for Persons With Disabilities to initiate an inquiry into the alleged incident within six weeks and forward the findings to the Maharashtra government which shall take appropriate action against the errant people within three months. The bench of Chief Justice Alok Aradhe and Justice Sandeep V Marne disposed of a Public Interest Litigation (PIL) filed in 2014 by activist Sangeeta Punekar, which had highlighted the 'shocking state of affairs', citing news reports of an alleged party hosted by donors at the MDC homes. According to a news report, champagne was popped, cash was showered on bar dancers, and alcohol was served at the party on December 31, 2012. The institution is run by the Children's Aid Society, a 100 per cent aided NGO. The petitioner claimed that complaints were lodged by the MDC home authorities regarding the New Year's Eve party and a probe was conducted by a panel comprising the Child Welfare Committee (CWC) chairman, Divisional Deputy Commissioner-Konkan, and an officer of the Women and Child Development Department. However, despite the inquiry, no action was taken against the concerned persons, the petitioner argued. After the lawyer representing the respondent authorities sought time to take instructions from officials and further respond to the plea, Chief Justice Aradhe orally remarked, 'The petition cannot be kept pending for 10 years. Effect of the incident cannot be diluted and you cannot be protecting wrong doers. What action have you taken in 11 years? You do not know. It has to be taken.' When the lawyer responded that the respondents will find out, the bench stated, 'We are allowing the petition. It took 11 years? You should be ashamed of your officers. And now you have the guts to say that will find out? So that we should continue the matter for another 25 years? Do you know the effect of keeping the petition pending?' It noted in the order, 'We are surprised to note that despite the inquiry being conducted in the alleged incident, till today no action has been taken against the delinquents. The counsel for the respondent was unable to point out that any action was taken against the delinquent. No useful purpose will be served by keeping the petition pending.' The bench ordered a probe followed by 'suitable action' by the state government and seeking its compliance report, disposed of the PIL. In April, while hearing a batch of pleas including that of Punekar, the high court had questioned the state government as to why all 94 MDC homes in Maharashtra were not operational. The court has, meanwhile, kept pending other pleas on the issue to be heard in due course.
Indian Express
10-06-2025
- Politics
- Indian Express
Bombay HC seeks authorities' reply to PIL for adequate hygienic toilets for women along highways
The Bombay High Court on Monday issued notice seeking the response of central and state governments and National Highway Authority of India (NHAI) to a PIL seeking direction to construct and maintain accessible and hygienic sanitation facilities for women along national and state highways. A bench of Chief Justice Alok Aradhe and Justice Sandeep V Marne was hearing a PIL by lawyer Kanchan S Chindarkar raising concerns over lack of sanitation facilities for women on Highways in the state. The PIL claimed that the same gravely violates the fundamental right to life with dignity and privacy under Article 21 of the Constitution. It added that pregnant, menstruating and elderly women and girl students are disproportionately affected. 'Despite the Women's Policies of 2001 and 2014, and the Draft National Policy of 2016, along with the goals of Swachh Bharat Abhiyan, the State and Union instrumentalities have failed to implement these in practice — especially the clear mandate to provide toilets every 25 km as per Chapter 10 of the 2014 Policy,' the PIL argued. The petitioner claimed that previous court verdicts have stated that sanitation is integral to the Right to Life and state authorities cannot evade their responsibility citing resource constraints. The plea sought immediate steps for the construction, maintenance of accessible, safe and hygienic sanitation facilities for women at every 25 kilometres along national and state highways in Maharashtra. It also sought a directive to authorities to provide details on the number of existing toilet facilities and their usability conditions and locations, and proposed an action plan including budget allocations for constructing new public toilets for women. The PIL also sought periodic field surveys and audits within authorities to assess conditions of sanitation infrastructure along highways. The bench also referred to a past HC order of December, 2015 in which directives were issued to provide hygienic sanitation facilities for women within the Municipal area. It issued notice to respondents and posted the further hearing to July 7.
Indian Express
09-06-2025
- Politics
- Indian Express
No immersion in water bodies: Bombay HC permits only manufacturing of PoP idols, seeks state's policy decision on their immersion
The Bombay High Court Monday lifted the ban on manufacture and sale of idols made of Plaster of Paris (PoP) and permitted the same. However, it remarked that PoP idols shall not be immersed in natural water bodies. The HC directed the Maharashtra Government to take a policy decision related to immersion of PoP idols after the Central Pollution Control Board (CPCB) clarified that guidelines banning PoP idols are 'advisory in nature' and are limited to their immersion and not the manufacturing of the same. The HC noted that in view of clarification issued by CPCB that its revised guidelines were only pertaining to idol immersion and not for making of PoP idols or other purposes, the bench was inclined to permit the same and modified its earlier order. However, the Court said that the PoP idols shall not be immersed in natural water bodies as per CPCB revised guidelines and they shall not be immersed without leave of the high court. The revised guidelines of the CPCB issued on May 12, 2020, stipulate that idols made of natural, biodegradable and eco-friendly raw materials be encouraged, allowed and promoted, while idols made of Plaster of Paris be banned. A division bench of Chief Justice Alok Aradhe and Justice Sandeep V Marne was hearing a batch of pleas by associations of Ganesh idol makers challenging the CPCB guidelines banning the use of idols made of PoP and their immersion, alleging that the same flouted their fundamental rights On January 30, two days prior to Maghi Ganesh Utsav, a bench led by CJ Alok Aradhe had issued directions to civic authorities in Maharashtra to ensure the CPCB guidelines are strictly followed and had questioned idol makers why they were not stopping making of PoP idols despite repeated court orders over the last few years. On Monday, the CPCB said that it has issued clarifications that the revised guidelines are for idol immersions and not for their making. The CPCB added that its expert committee earlier this month, after perusing Maharashtra government's recommendations had agreed that such guidelines are 'always advisory in nature' and the state governments may decide for allowing immersion of PoP idols subject to conditions. The said conditions include provision of designated temporary artificial ponds or tanks for immersion and the same shall not be allowed in rivers, lakes, natural tanks/ponds and sea. The expert panel of CPCB further said that after immersion, the authorities shall remove material deposited in artificial ponds or tanks and the collected material be 'stored in environmentally sound manner till it is lifted for regeneration and reuse' and follow other measures given in 2020 revised guidelines for idol immersion in eco-friendly and sustainable manner. The petitioner sought early decision by the state government citing urgent need for the same as the Ganesh Utsav would begin after two months. Advocate General Birendra Saraf for the state government sought time to take a decision and said that while there are large idols made of PoP, the festival has become 'part of our culture' and there may be difficulties to immerse such idols in artificial ponds or tanks during upcoming Ganesh Utsav. The court also suggested that the stakeholders can consider having the same large idol permanently on the lines of practice adopted in Pune. It noted, 'In view of the stand taken on behalf of CPCB as well as the recommendations made by the Expert Committee constituted by CPCB, we permit the members of the petitioners associations as well as any other artisans to make idols of PoP.' The HC said the same will be subject to the artisans complying with directions in 2012 directions of the Nagpur bench of HC which directed marking of PoP idols. 'However, it is directed that such idols shall not be immersed without leave of this Court.' The court modified its January 30 order based on CPCB's recommendations and posted further hearing to June 30.
