In a PIL challenging the structural stability of a flyover pillar, this court examined expert reports and concluded the petitioner's unfounded apprehensions justified disposal without further consideration.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
PIL 23-2016
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO. 23 OF 2016
Ramesh Devaram Dharmavat .. Petitioner V/s State of Maharashtra & Ors. .. Respondents
Mr. Anukul Singh i/b Mr. Sachin Thorat for the petitioner. Mr. P.P. Chavan i/b Mr. Ravindra Chile for respondent nos.3, 8 and 11.
Mr. A.P. Kulkarni for respondent no.4.
Mr. Aditya Chitake with Mr. Avinash Belge i/b MNZQ Legal for respondent no.7.
Mrs. M.P. Thakur, AGP for the State.
CORAM: DR. MANJULA CHELLUR, CJ. & M.S. SONAK, J.
DATE : 18th NOVEMBER 2016
P.C.:
Affidavit in reply on behalf of respondent nos.3 and 9 (Maharashtra State Road Development Corporation) as well as respondent no.7 (S.N. Bhobe & Associates Pvt. Ltd.) are taken on record explaining the apprehensions of the petitioner with regard to the pillar, as indicated in the photographs, which supports at a curve of the flyover.
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PIL 23-2016
was not at the whims and fancies of the contractor that such pillar is put up, but on the advise and approval of the Experts Committee which had the knowledge in the subject mater. In the light of the work order being executed by the concerned authority in completing the flyover, the consultant agency had not only certified the stability of the flyover, but has indicated their approval so far as the location of the pillar in question at the curve of the flyover.
(M.S. SONAK, J.) CHIEF JUSTICE
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1 issue framed by the court
Whether the petitioner's apprehension about the collapse of a flyover pillar, based on visual appraisal without engineering expertise, is founded.
Ramesh Devaram Dharmavat
State of Maharashtra
DR. MANJULA CHELLUR
M.S. SONAK
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
