‘ THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION No. OF 2010 DISTRICT UNE In the matter of Article 226 of the Constitution of India; And In the matter of Article 12, 14, 19, 21 and 22 of the Constitution of India. Mr, Javed Ramzan Sheikh ) Age 39 years, residing at Hasanpapa | Chawl, Vitthalwadi, Akurdi 1 Pune — 411 005. }.. Petitioner Versus 1. State of Maharashtra ) Through Ministry of Urban )Office of State Excise Department } Pune at 14-A, Sadhu Vaswani Marg ) Station Road, Pune 411 001 } The Commissioner ) PimpriChinchwad Mahanagar —_) Palika, Pimpri, Pune~411 018.) M/s. Vedas Family Restaurant —) Lotus Court, Plot No. 56 ) C.T.S. No. 4264, Survey No. 47) Opposite Bajaj Auto ) Near Akurdi Post Office ) Vivek Nagar, Akurdi, Pune ) ‘Through its Owner ) Sou. Vidya Ulhas Shetty ) Residing at : 24, Plot No. 380 ) Pradhikaran Nigadi, Pune-411044.} Brahmas Regency } Lotus Court, Plot No. 56 } C.T.S. No. 4264, Survey No.47 Opposite - Bajaj Auto } Near Akurdi Post Office ) Vivek Nagar, Akurdi, Pune ) Through its owner ) Ulhas Shetty, residing at } Sector 24, Plot No. 380 ) Pradhikaran Nigadi, Pune-41\ \ And Santosh Karnawat ) Residing at 109, Apurva Garden | Sector 24, Plot Na. $2 + $4, Nagadij Pune ~ 411 044. } 6. District Collector, Pune (Revenue Branch) at Collector Office) Pune. ) 7. Commissioner of Police ) CP. Office Building ) Pune - 411 001. }.. Respondents To THE HON'BLE CHIEF JUSTICE AND THE HONBLE PUISNE JUDGES OF THIS HON'BLE HIGH COURT OF JUDICATURE AT BOMBAY. THE HUMBLE PETITION OF THE PETITIONER ABOVENAMED MOST RESPECTFULLY SHEWETH ; 1. The Petitioner is the citizen of India and a Corporator of Pimpri-Chinchwad Mahanagar Palika, domiciled in the State of Maharashtra, residing at the abovementioned address, entitled to exhaust all rights guaranteed under the Constitution of India. The Respondent No. \,s the State of Maharash: tra, through Mini Urban Development. The Respondent No. 2 is the State Exercise Department, Pune. The Respondent No. 3 is-Commissioner, Pimpri- Chinchwad Mahanagar Palika. The Respondent Nos. 4 and 5 are the Vedas Family Restaurant and Brahmas Regency. The Respondent No. 6 is the District Collector, Pimpri and Respondent No. 7 is the Commissioner of Police, Pune. ‘The Petitioner respectfully further states that people of the area mainly women agitating against liquor shop Nilesh Beer Shoppe, Amrut Wine Shop, therefore, Respondent Nos. 2, 3 and 7 took action against the abovesaid shops Therefore, people of the area got annoyed, shocked and surprised when they hear that Vedas Family Restaurant and Brahma Regency obtained permission under FL-IIl of Bombay Prohibition Act, they immediately approached the Petitioner as he is the Corporator of the area. The Petitioner also got shocked and surprised that Vedas Family Restaurant and Brahma Regency got permission under FL-IIl of which is nearrae 2 religious place that is Shri Vardhaman Jain Shrawak Sangh Sthanakwasi, Therefore, the Petitioner immediately applied under Right to Information Act and after perusing the papers he got following information. 3. The Petitioner respectfully further states that the Vedas Family Restaurant and Brahmas Regency situated in one building as Vedas Family Restaurant is on ground floor and Brahmas Regency is on 1* Floor to third floor. ‘The said Permit Room is near to prohibited arca as the same is near to Shri Vardhaman Jain Shrawak Sangh Sthanakwasi, Akurdi, Pune 3. The Petitioner respectfully further states that there were Shri Vardhaman Jain Shrawak Sangh Sthanakwasi, which is established on 18.12.1980 at Survey No. 47 Plot Nos. 9. The said religious place was existence since long back. Tax started from 1992 by Pimpri Chinchwad Municipal Corporation. One Mrs. Vidya Ulhas Shetty applied for permission in respect of M/s. Vedas Family Restaurant, At the time of Application she prepared Affidavit Vedas Family Restaurant is \a § Mantel at New Building, Lotus Court, Survey No. 47, Plot No. 58, Vivek Nagar, Akurdi. The said Restaurant is 75 meters distance from National Highway and same is not near to religious place, Educational Institution or near to S.T. Bus Stop. Hereto annexed and marked as EXHIBIT is the copy of the said ‘alse Affidavit dated 11% March 2008. The Petitioner respectfully further states that the Syndicate Bank, Chinchwad Branch, Pune - 411019, indemnify to Mrs. Vidhya Ulhas Shetty of Vedas Family Restaurant, Akurdi, Pune - 411 035 in respect of breach of any provisions of the Prohibition Act. Hereto annexed and marked as EXHIBIT ‘B’ is the copy of the said Guarantee Bond. The Petitioner respectfully further states that the Inspector of Shop & Establishment Act, issued a Certificate under Shop and Establishment Act on 20.12.2007 to Vedas Family Restaurant at Survey No. 47, Plot No. 58, C.T.S. No. 4264. Hereto annexed and marked as EXHIBIT ‘C’ is the copy of the said sie, \ Certifix 10 A. Peti the Assistant Police Commissioner given letter loner respectfully further states that to Mrs. Vidya Ulhas Shetty on 04.03.2008 stating that the Registration Certificate for Vedas Family Restaurant, Survey No. 47, Plot No. 58, C.T.8. No. 4264 is sanctioned. Hereto annexed and marked as EXHIBIT ‘D’ is the copy of the said letter dated 04.03.2008. The Petitioner respectfully further states that the District Collector, Pune issued permission to Hotel Vedas Family Restaurant under Form FL3 bearing No. 11/2008/2346 FL-IIll. Hereto annexed and marked as EXHIBIT ‘© is the copy of the said order dated 05.06.2008 The Petitioner respectfully further states that the Medical Officer, Pimpri-Chinchwad Nagarpalika issued Grade ‘A’ Certificate to Vedas Family Restaurant on 11.03.2008 as per their Application dated 11.03.2008. Hereto annexed and marked as EXHIBIT is the copy of the said letter dated 11.03.2008. The Petitioner respectfully further states that one Mrs. Reshma Munir Shaikh madea 12. W des given permission to Vedas Family Restaurant & Brahmas Regency near to religious place Jain Sthanak and demanding all papers under Right to Information Act. Hereto annexed and marked as EXHIBIT ‘G is the copy of the said letter dated 12.11.2009 ‘The Petitioner respectfully further states that the Respondent No. 2 given flimsy reply to Smt. Reshma Munir Shaikh that Jain Sthanak is not a temple and at no occasion there performing any spiritual programme and also admitted that direct distance between Vedas Restaurant and Bramhas Regency is 44 meters and by footway the same is more than 76 meters Hereto annexed and marked as EXHIBIT_“‘H’ is the copy of the said reply dated 23.11.2009, ‘The Petitioner respectfully further states that after perusing the records, which is received by Petitioner from said Mrs. Reshma Munir Shaikh the Petitioner found that the Respondent Nos. 4 and 5 are making false representation and obtain permission from concerned authorities Restaurant and on Plot No. 5613. \ \ sthich ie belonged to State Government and Pimpri-Chinchwad Mahanagar Palika had no power to allot the same plot to anybody. The Petitioner respectfully further states that the Plot No. 56 is reserved for Shopping Center for public purpose. The Respondent Nos. 4 and 5 had full knowledge about the Plot No. 56 that the same is belonged to State Government and there is no possibility to give permission to Vedas Family Restaurant and Brahmas Regency. Therefore, the Respondent Nos. 4 and 5 played fraud over people of Pimpri-Chinchwad Mahangar Palika and constructed the building by Lotus Construction Company on Survey No. 47, Plot No. 56 and fraudulently obtained all permission by Respondent Nos, 4 and 5 on Survey No. 47, Plot No. 58. Hereto annexed and marked as EXHIBIT ‘I’ is the copy of the Commencement Certificate obtained for construction of Vedas Family Restaurant and Brahmas Regency. Hereto annexed and marked as EXHIBIT ‘J is the copy of the Certificate dated 10.06.2003. \14. K ) The Petitioner respectfully further states that the Builder Shri Santosh Karnavat, constructed the building through the owner .layashree Shared Shah, who obtained Ownership Certificate by bogus documents. The Survey No. 47 Plot No. 56 belongs to Government admeaeuring 14256 square meters. As the said land originally belongs to Motilal Salaraj Talada in the year 1960 by way of conveyance to conveyance came to possession in the year 1965. Tulshirari Vyas Ram Vallabh Goenka Prepared only 850 square feet and balance land remained with Government i.e. 13406 square feet but, by false Suit between RV. Goenka and Town Transport in respect only one Guntha, Sharad Bhogilal Shah succeeded R.V. Goenka in respect of only 850 square meters as the office of District Inspector of Land Record issued notice on Sunday ie. 17% March 1991, to Sharad Bhogilal Shah stating that as per Application dated 12.03.1991 he be remained Present in the office of District Inspector of Land Record on 21.03.1991. Hereto annexed and marked as EXHIBIT ‘’ is the copy of the said notice dated 17% Marct