Disposed

Dinesh. a. Naikwad and Ors. v. Ideal Roads and Builders and Ors.

Bombay HC6 Dec 2010PIL/119/2006

Case brief

AI extract

What is this about?

In PILs regarding road wastage and inconvenience in Kalyan-Shil area, the High Court directed the formation of a Coordination Committee comprising state officials and public representatives to regulate indiscriminate road digging, coordinate maintenance activities, and ensure least inconvenience to the public, adding suggestions for better planning.

What did the court decide?

Direction to constitute a Coordination Committee considering petitioner suggestions to coordinate road digging and maintenance activities by various authorities to prevent wastage and inconvenience.

Dinesh. a. Naikwad and Ors. Vs Ideal Roads and… — Public Procurement and Tenders | Bombay HC (2010)

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THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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PUBLIC INTEREST LITIGATION NO.119 OF 2006

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Dinesh A. Naikwad and others. ... Petitioners Versus Ideal Builders and others. ... Respondents

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Mr. M.S. Kumathkar for the petitioner Ms. P.S. Cardozo, Assistant Government Pleader for respondent-State. Mr. A.A. Garge for respondent No.2. Mr. P.P. Chavan i/by M/s. Navdeep Vora & Associates for respondent No.7. Mr. V.Dhond with Mr. Nitin Dhumal for respondent No.3. Mr. Vijay Patil for respondent No.4.

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Mr.M.P.S. Rao, senior advocate with Mr. K.P. Shreejith i/by M/s. India Law for respondent No.7.

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ALONGWITH

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PUBLIC INTEREST LITIGATION NO.189 OF 2009

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Shri Sandeep P. Patil ... Petitioner Versus Chief Officer, Maharashtra State Road Transport Corporation and others. ... Respondents

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Mr. D.S. Mhaispurkar for the petitioner. Mr. R.P. Behere, Addl. Government Pleader for respondent No.5. Mr. P.P. Chavan i/by M/s. Navdeep Vora & Associates for respondent No.4. Mr. V.Dhond with Mr. Nitin Dhumal for respondent No.1. Mr. Vijay Patil for respondent No.4. Mr.M.P.S. Rao, senior advocate with Mr. K.P. Shreejith i/by M/s. India Law for respondent No.2.

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CORAM : MOHIT S. SHAH, C.J. &

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S.J. KATHAWALLA , J.

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Monday, December 06, 2010

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P.C.

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The grievance in these PILs is about wastage of public resourcesparticularly wastage of public money and inconvenience to be caused to the public at large, in respect of contract for reconstruction and maintenance of the Kalyan-Shil Road upto the Bhiwandi bye-pass. The petitioner has also made a grievance that various Government and semi-Government departments and bodies such as Maharashtra State Road Development Corporation (MSRDC), Maharashtra Industrial Development Corporation (MIDC), Mumbai Metropolitan Development Authority (MMRDA), BSNL, MTNL, Maharashtra State Electricity Distribution Company Ltd. (MSEDCL) etc. get the road dug up for the purpose of providing and maintaining their service lines and this is being done so frequently and in haphazard manner that roads once repaired are required to be dug up very frequently. All this causes not only inconvenience and tremendous harassment to the people at large but wastage of public funds deployed for construction and maintenance of roads.

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It appears that by Government resolution dated 24th July, 2006 (Exhibit `B' to the petition), the State Government has already appointed a Coordination Committee of the following officials:-

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(i) Joint Managing Director of Maharashtra State Road Development Corporation.

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(ii) Divisional Commissioner, Konkan Division.

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(iii) Municipal Commissioner, Kalyan-Dombivali Municipal Corporation.

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(iv) Chief Engineer, Public Works Department, Mumbai Region.

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(v) District Collector, Thane.

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vi) Chief Engineer, Maharashtra State Road Development Corporation, Mumbai- Member Secretary.

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Having heard the learned counsel for the parties including the various public authorities, we direct that the following persons shall also be added as members of the said Committee:

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(vii) Executive Engineer, MIDC, Dombivali Division.

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(viii) Mr. Narendra Podar, Secretary, Maharashtra State Textile Processor's Association.

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ix) Mr. Murali Ayer, Secretary, Kalyan Ambernath Manufacturers Association.

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x) Mr. Shriram Gajanan Patil, Teacher and Social Worker, Residing at Village Kon, Kalyan-Bhiwandi Road.

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The aforesaid committee will ensure that the digging of roads by different authorities for providing/maintaining their service lines is coordinated in such a manner that there is no wastage of public funds and least possible inconvenience is caused to the public at large.

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It will be open to the residents in the concerned area/people having their work place in the concerned area to make representations to the Coordination Committee or any of its member for the purpose of ensuring that the grievances of the people in the area are redressed and the public resources are used in the best possible manner.

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As far as the grievance about non-implementation of Phase-II of the road project is concerned, the learned counsel for MSRDC states that the tenders will be invited for the Phase-II project and the authority shall try to complete the work as expeditiously as possible.

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At this stage, the learned counsel for the petitioners makes the following suggestions:-

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In so far as the coordination between different authorities providing their services, before permitting to start construction/repairs/maintenance of any road, the concerned department permitting such activities should ascertain the existence of such service lines and inform them about the proposed activities.

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The service lines providers should consider the status of their lines and ascertain if they require any repairs, reconstruction or to provide additional lines for future purposes. In that event they should coordinate and do their work simultaneously before actual construction activities begins.

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There should be proper meetings of all such authorities and in no case, such service provider should be permitted to dig the road once constructed, for whatsoever reasons. In case of extreme emergency, such digging and reconstruction should be done by the main contractor constructing and maintaining the road strictly as per approved specifications.

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The above Coordination Committee will take the above suggestions into account and work out appropriate modalities.

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In view of the above directions and observations, nothing further is required to be done in these PILs. Both the PILs accordingly stand disposed of.

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CHIEF JUSTICE

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S.J. KATHAWALLA, J.

Dinesh. a. Naikwad and Ors. v. Ideal Roads and Builders and Ors.

Case brief

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What did the court decide?

Dinesh. a. Naikwad and Ors. v. Ideal Roads and Builders and Ors.

Case brief

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What did the court decide?

What the court decided

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