The Bombay High Court has dismissed a PIL filed by Mahesh Mohite, a local politician, challenging the construction of a jetty near the Murud-Janjira Fort in Raigad. The court emphasized that the petition should have been filed by a fishermen’s society, not a politician.
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MUMBAI: On 26th February, the Bombay High Court dismissed a Public Interest Litigation (PIL) challenging the construction of a jetty near the historic Murud-Janjira fort, situated on an island off the Arabian Sea coast in Maharashtra’s Raigad district. The PIL, initiated by social activist and local politician Mahesh Mohite, argued that the fort is a protected monument under the Archaeological Survey of India (ASI) and that the nearby construction could negatively impact the local ecosystem and the livelihoods of fishermen.
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The division bench, comprising Chief Justice Devendra Kumar Upadhyaya and Justice Arif Doctor, questioned the standing of the petitioner, noting the absence of a fishermen’s society or the ASI as parties in the case.
“The petition could have been filed by fishermen. Why should we entertain the petition of a politician? Let the society file a petition. Where is the resolution of society?”
– the Court inquired, emphasizing the inappropriate use of the legal system for political gains.
“We are not providing a field to play politics. Why has society not filed a petition? We don’t appreciate this. You are not an office bearer or member,”
-the bench further added.
Despite dismissing the PIL, the Court allowed for the possibility of affected fishermen to pursue legal avenues.
“The fishermen who are said to be affected have already formed a cooperative society for their welfare. If they were to be affected then it was for society to take up the matter to all forums including authorities and if advised to recourse of action available under law. The petitioner is not even a member of society. Before approaching Court, he has not made a single representation, including (to) ASI whose regulations are said to be violated. In the aforesaid circumstance, we decline to entertain the petition. It is dismissed,”
-the Court decreed.
Mohite’s petition highlighted the awarding of the jetty construction project to a private firm by the Maharashtra Maritime Board, a move he claimed violated a 1982 state government notification prohibiting construction near monuments.
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Despite the fishermen’s community’s attempts to communicate their concerns to authorities, their pleas remained unanswered, prompting them to seek Mohite’s intervention. The plea called for an immediate halt to the construction, alongside demands for the rehabilitation of affected locals and their employment in tourism-related activities around the fort.
CASE TITLE : {Mahesh Mohite v. State of Maharashtra & Ors}
