Madhya Pradesh High Court dismisses PIL alleging installation of statue in public place

The Madhya High Court has dismissed a PIL, which alleged that the respondents were attempting to put up a statue in the premises in a public place.

The case of the petitioner (Dattu Medhe) is that he represents the public by filing the petition. The respondents are attempting to put up a statue in the premises of the old Government Hospital, Shahpur, District Burhanpur vide communication dated 01.10.2021 issued by the Municipal Council , Shahpur. The place where it is sought to be put up is a public place and therefore, the same cannot be put up. At the same time, a statue of Chhatrapati Shivaji Maharaj already exists in the same location and therefore, a new statue cannot be put up, alleged the Petitioner.

According to the Petitioner the Supreme Court in the order dated 18.01.2013 passed in SLP (Civil) No.8519 of 2006 (Union of India Vs. State of Gujarat & others) have ordered for restrictions in the manner in which the statues have to be put up and related matters. That the same is being disobeyed. Hence, the PIL has been filed to quash the communication with regard to the installation of the statue in question.

A reply has been filed by the State. They have stated that the statue is being put up without violating the orders of the Supreme Court or the orders of the High Court. The land on which the statue is being put up is in accordance with law. The appropriate permissions of the authorities have been taken. In fact the statue of Chhatrapati Shivaji Maharaj is situated at a different place and the same is not being disturbed. The pleading to this effect made by the petitioner is factually incorrect. They have also filed a copy of the Khasra which indicates the nature of the land and also a photograph of the proposed statue under construction has been filed.

The Division Bench of Chief Justice Ravi Malimath and Justice Purushaindra Kumar Kaurav, after hearing the counsels on March 23, considered the order of the High Court passed in Greeshm Jain vs State of M.P. & others dated 03.03.2022 .

The Court observed that various directions were given with regard to the statues being put up. One of the directions is that the respondents be restrained from installing any statue on public roads, pavements, sideways and any other public utility place. Herein the petitioner’s counsel submits that it is a public utility place.

Therefore, the statue cannot be put up. However, a copy of the extract of Khasra would indicate that even though it is government land, it cannot be said to be a public property. The document also does not indicate that the land where the statue is sought to be put up is either a public road, pavement, sideways or other public utility place, held by the Bench.

“Hence we are of the view that there is no violation of the orders of this Court. The statue is being put up in accordance with law. It does not hamper the movement of the public in any manner whatsoever. It appears that it is being put up in the residential area which does not affect the movement of the local residents living therein. It is certainly not being put up on a public road which hampers the movement of the public. Hence, we find no reason to interfere in this petition. The writ petition is dismissed”, the order reads.

The post Madhya Pradesh High Court dismisses PIL alleging installation of statue in public place appeared first on India Legal.



from India Legal https://ift.tt/Mjcx4RZ

Popular posts from this blog

What Is Solana: A Description, Use Cases, Prospects

Most traders focus on well-known cryptos only, like BTC or Ether. However, today, there are many other blockchain networks that are worth considering. And some of them, for example, Solana, even have ambitions to force current leaders out. Thus, we offer you to get acquainted with this coin without a delay. Solana (SOL) is one of the blockchain platforms created for performing transactions at a high speed and at a cheap price similar to other networks of this kind. Likewise, it can be utilized for trading, paying for diversified goods and services, performing smart contracts, creating NFTs, accessing decentralized financial opportunities, for example, loans, etc. Yet, when one asks the question “ What is Solana? ”, one usually wants to find out if it is worth buying, in the first place. Thus, we must note right away that this network outcompetes other popular platforms both in terms of speed and in terms of costs. To be more precise, it can process 13 deals per second, while Bitcoin ...
Read more

FX Options Trading: Best Online Brokers

Never used options on Forex? Looks like you missed lots of profitable deals. Be sure to learn more about this method and decide whether it suits you. Start by reading our short review for beginners. In the end, we will give you a list of companies that offer the best terms for such trades. Let us start with a short theory about this trading method. In practice, an option is a contract that allows a trader to buy or sell a certain currency at a chosen price and on a chosen date.  FX options trading  is based on forecasts. For example, if a potential buyer believes that the price of a certain currency will grow in the future, he can reserve the right to buy it at a lower price. For this opportunity, one must pay a commission (or a premium). Another crucial point is that executing such deals is optional. When the date agreed comes, one can decide whether it is worth buying or selling the currency chosen. Also Read: Interactive Brokers Fees: An Overview for Potential Users And...
Read more

Crypto Trading Bot: Should You Try It and Which One to Choose

Are you searching for an instrument that will help you trade crypto at minimum risk and time expense, but with maximum earnings? Then, try a trading robot. Find the basic information about this tool and the list of the most reliable and effective products offered by the market. So, such a robot is a program that executes trades involving crypto in an automated mode based on the market situation and parameters set by its user. It can make use of diversified algorithms, patterns, signals provided by other traders, etc. Here are the major benefits such software can offer:   Time economy. A day trader does not have to spend a whole day monitoring the market.   No human mistakes. Such a program operates in strict accordance with the parameters and algorithm set. By contrast with traders, it cannot make mistakes due to fatigue or external distractions.   Fast reaction. Compared to humans, it takes a bot less time to analyze the current situation on the mark...
Read more