Allowed

Courts on Its Own Motion v. State of Maharashtra, Dept. of Urban Development, Mumbai through Its Secretary and Others

Bombay HC28 Apr 2016CAO/789/2016

Case brief

AI extract

What is this about?

Applicant sought exemption from a PIL order regarding the Nagpur Metro Rail Project. Court allowed the exemption, accepting the Corporation's undertaking to minimize noise pollution.

What did the court decide?

Exemption from the rigours of the order dated 18th February, 2016 passed in the present Public Interest Litigation.

What the court decided

Courts on Its Own Motion Vs State of Maharashtra, Dept. of Urban Development, Mumbai through Its Secretary and Others — Bombay HC (2016) — LawSathi Research

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28.04.ca.789.16

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IN THE COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CIVIL APPLICATION NO. 789/2016

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PUBLIC INTEREST LITIGATION NO. 106/2015 {Court on its own motion vs. The State of Maharashtra and others vs. Nagpur Metro Rail Corporation Limited (applicant) }

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.............................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders

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.............................................................................................................................................. Mr. S.N.Bhattad, Amicus curiae

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Mr. S.K. Mishra, Sr. Advocate for applicant

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CORAM : B.R.GAVAI & Mrs.SWAPNA JOSHI, JJ. DATED : 28^th April, 2016

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Heard.

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This is an Application seeking exemption of the present applicant from the rigours of the order dated 18^th February, 2016 passed by this Court in the present P.I.L.

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It is stated in the Civil Application that the Nagpur Metro Railway Project is consisting of 38.215 kms. metro corridor, 36 stations and 2 depots. It is further stated that the said Project was funded by the Government of India, Government of Maharashtra, Nagpur Improvement Trust, Nagpur Municipal Corporation; and the external funding to the tune of Rs. 4521 crores is also obtained. It is further stated that the Project is to be completed by December, 2018.

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28.04.ca.789.16

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It is further stated in the Application that for completing the Railway Project heavy construction machineries like launchers, trailers, cranes, compressor, piling rigs etc. will be employed.

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It is further stated that the said Corporation has undertaken to take all necessary care and precaution so that the noise pollution is minimized to the possible extent.

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We find that the Nagpur Metro Railway Project is an important project for reducing the traffic congestion in future. In any case, the construction that is likely to be carried out is mostly on the main roads where largely there are no residential buildings.

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In any case, the Corporation has undertaken to take preventive measures for reducing the noise pollution.

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Taking into consideration the importance of the Project for the city, the Application deserves to be allowed. The Civil Application is allowed in terms of prayer clause (i). However, it is made clear that the statements made in the Application in the every possible way shall be taken for reducing the noise pollution, is treated as an undertaking to the Court.

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JUDGEJUDGE

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sahare

Courts on Its Own Motion v. State of Maharashtra, Dept. of Urban Development, Mumbai through Its Secretary and Others

Case brief

What is this about?

What did the court decide?

What the court decided

Courts on Its Own Motion v. State of Maharashtra, Dept. of Urban Development, Mumbai through Its Secretary and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

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