Disposed

Talegaon Dabhade Niyojit Rajya Mahamarga Kruti Samiti and Ors. v. the State of Maharashtra and Ors.

Bombay HC5 Aug 2014PIL/191/2010

Case brief

AI extract

What is this about?

This PIL challenged the delay in constructing the Talegaon Industrial Estate bypass road due to traffic. The Court noted the Government's decision to pivot to a centrally funded flyover project instead, accepting the rationale regarding land possession. The Court directed the State to expedite the flyover project, aiming for completion by September 2017, disposing of the main relief prayed for.

What did the court decide?

The Court directed the State Government to complete the construction of the flyover passing through Talegaon town preferably on or before 30th September 2017 and disposed of the PIL on these terms.

Talegaon Dabhade Niyojit Rajya Mahamarga Kruti Samiti… — Service and Employment | Bombay HC (2014)

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25.PIL.191-10.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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PUBLIC INTEREST LITIGATION NO.191 OF 2010

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Talegaon Dabhade Niyojit Rajya Mahamarga Kruti Samiti & Ors. Versus

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The State of Maharashtra and others.

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..Petitioners

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..Respondents

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Mr. Uday P. Warunjikar, for the Petitioners. Mr. A.B. Vagyani, Government Pleader, for Respondent No.1. Mr. P.P. Chawan a/w. Ms. Shyamli Gadre, i/b M/s. Little & Co. for Respondent No.2.

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CORAM : A.S. OKA, AND A. S. CHANDURKAR, JJ.

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DATE : 05^th AUGUST, 2014

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P.C.

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Heard the learned Counsel appearing for the petitioners and the learned Government Pleader for the first respondent. We have also heard the learned Counsel appearing for the second respondent.

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The prayer in this PIL is for issuing a writ of mandamus directing the respondents to complete the project of Talegaon Industrial Estate bye-pass road for Talegaon and Indori, Taluka – Maval, District – Pune within the time specified by this Court.

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The case made out by the petitioners who have filed this Petition in the public interest is that there has been a

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substantial development in Talegaon Dabhade and the surrounding area. A large number of educational institutions have come up which has led to enormous increase in the traffic. Instances of various accidents, which have been taken place, have been set out in the Petition.

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There is a reply filed by the Deputy Engineer of respondent No.2 Maharashtra Industrial Development Corporation [for short, MIDC]. There are also affidavits filed by Shri Ganesh Bapurao Choure, Executive Engineer of Public Works Project Divison, Pune.

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It is true that initially there was a proposal for widening of the existing highway. Later on, the proposal was to construct a bye-pass road. The affidavits on record disclose that the second respondent-MIDC handed over possession of a portion of a land in its possession for construction of the bye-pass road.

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The last affidavit filed by Shri Ganesh Bapurao Choure is dated 16^th June, 2014. In paragraph-2 of the affidavit it is stated that the project of four lanning of Talegaon Chakan Road State Highway No.55 in Km 0/00 to 24/00 under Built Operate and Transfer [BOT] scheme was approved. The project included construction of 2 Km long flyover through the Talegaon town. It is stated that on 2^nd February, 2011, a decision was taken by the Public Works Department of the State Government to drop the proposal of a construction of a fly-over and it was decided to undertake widening and strengthening of the existing highway. It is

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stated that on 25^th May, 2011, a decision was taken to reinvite the prequalified tenders of prospective bidders for the said project. Ultimately it was found that none of the bidders were qualified. There is a reference to a decision taken earlier to construct a bye pass road. Lastly, it is stated that on 15^th February, 2014 the Public Works Department decided to drop the proposal of bye-pass road and it was decided to undertake a project of centrally supported four lanned flyover from Urse connector to Manoharnagari (Malvadi) covering entire Talegaon town. The schedule of work proposed to be carried out has been set out in the said affidavit.

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On the last date, a submission was made by the learned Counsel appearing for the petitioners that it was necessary for the State Government to take immediate steps inasmuch as due to enormous traffic, there were large number of accidents on the stretch of State Highway which is passing through Talegaon Dabhade town. He pointed out that the State Government has kept on changing its decisions. Therefore, we had called upon the learned Government Pleader to produce the relevant file. The relevant file shows that a meeting of officers of the Public Works Department of the State Government was convened on 15^th February, 2014 which was chaired by the Hon'ble Deputy Chief Minister of the Maharashtra. We have perused the minutes of the meeting which record that a large number of agriculturists had raised an objection for acquisition of lands for construction of a bye-pass road. It records that as the project will be funded by the Central Government, 90% of

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the land required for the project should be in the possession of the State Government. It also records that the Central Government will not release the funds unless 90% of the land required for the project is in possession of the State Government. Therefore, the decision taken in the said meeting records that there should be a centrally supported four lanned flyover, as stated in the affidavit of Shri Ganesh Bapurao Choure. Thus, the reasons have been recorded in the decision taken on 15^th February, 2014. We see no infirmity in the reasons recorded in the said meeting.

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At this stage, we must make a reference to paragraphs-14 and 15 of the said affidavit of Shri Ganesh Choure dated 16^th June, 2014. The tentative period required for the completion of various stages of the project has been set out. It is stated that the construction of the proposed work of flyover through Talegaon town will require time of 168 weeks from 1^st July, 2014. Thus, there is an assurance that as far as possible, the work will be completed by 30^th September, 2017.

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The whole object of filing the Petition was to ensure that the State Government takes appropriate steps for decongestion of traffic on the highway passing through Talegaon town. It is true that on account of different decisions of the State Government, the project has been delayed. It is obvious that considering the averments made in the Petition and considering the fact that all authorities have accepted the necessity of constructing either a flyover or a

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bye-pass road, the State will have to make an endeavour to complete the project of construction of flyover on or before 30^th September, 2017.

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In view of the subsequent decision of the State Government, a writ as prayed for cannot be issued.

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We accordingly dispose of the Petition by passing the following order :

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(i) We accept the statements made by Shri Ganesh Bapurao Choure, Executive Engineer, Public Works Project Division, Public Works Department, Pune in his affidavit dated 16^th June, 2014 and in particular statements made in paragraph-15 thereof;

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(ii) We direct that the State Government shall take all possible steps to complete the construction of flyover passing through Talegaon town as expeditiously as possible and preferably on or before 30^th September, 2017;

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(iii) In the event, the petitioners find that the work of construction of fly over is delayed, the petitioners can always make an application in this disposed of Petition for seeking appropriate relief;

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(iv) The Public Interest Litigation is disposed of on above terms.

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(A. S. CHANDURKAR, J.) (A. S. OKA, J.)

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Talegaon Dabhade Niyojit Rajya Mahamarga Kruti Samiti and Ors. v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Talegaon Dabhade Niyojit Rajya Mahamarga Kruti Samiti and Ors. v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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