Bombay HC Rejects PIL Against Janjira Fort Jetty Construction in Raigad District

Bombay HC Rejects PIL Against Janjira Fort Jetty Construction in Raigad District

The Bombay High Court dismissed a Public Interest Litigation (PIL) challenging the construction of a jetty near the Janjira Fort in the Raigad District.

The division bench of the high court, comprising Chief Justice Devendra K Upadhyaya and Justice Arif Doctor, presided over the PIL filed by local politician Mahesh Mohite. Mohite contended that the fort in question was a protected monument.

The petition argued that the Maritime Board had granted the tender for the construction of the jetty to DVP Infra Project Private Ltd. This proposed jetty was planned to be erected at the fort's entrance, overlooking the sea.

The local politician submitted that he had received a letter from the fishermen's community expressing their concerns about the construction project. This prompted him to approach the court with his petition.

Additionally, the PIL requested the court to issue directions to the State Government and Maritime Board for the rehabilitation of affected locals. It also sought measures for the absorption of fishermen into job opportunities emerging from tourism and the allocation of new shops and business opportunities, such as operating ferries.

The bench questioned the advocate representing the politician regarding the absence of the Archaeological Survey of India (ASI) as a party and the reason for not filing the petition directly by the fishermen's society.

“Is ASI is party? The petition could have been filed by fishermen. Why should we entertain the petition of a politician? Let the society file a petition. Why can't they file? Where is the resolution of society? You can't file a petition like this. Why is it not filed by Mahalaxmi Machimar society,” the bench said.

The bench further expressed that the court was not a platform for political agendas, emphasizing that the politician, who was not a member or office bearer of the fishermen's society, should refrain from using legal proceedings for political purposes.

“Does the letter say please file a petition? You take the matter in whatever manner. We are not providing a field to play politics. Why has society not filed a petition? What is this? We don’t appreciate this. You are not an office bearer or member. Why can't society come?” the bench said.

Therefore, the high court proceeded to dismiss the petition and allowed the fishermen's society to pursue appropriate remedies under the law.

Case Title: Mahesh Harishchandea Mohite vs State of Maharashtra & Ors

 

 

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