This court disposed of a PIL petition concerning the lack of foot over bridges in Osmanabad district. Counsel for the respondent assured completion by the end of December 2019, which the court accepted as an undertaking before disposing of the matter.
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.
47.19pil
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
PUBLIC INTEREST LITIGATION NO.47 OF 2019
Harish s/o Shrirang Daware, Age: 64 years, Occu: Social worker, R/o. Dastapur, Tq. Lohara, District Osmanabad
..PETITIONER
VERSUS
Union of India, Through Secretary, Ministry of Road, Transport and Highways of India, New Delhi & ors.
..RESPONDENTS
Mr S. B. Gastgar, Advocate for petitioner; Mr S. S. Deve, Advocate for respondent No.1; Mr D. S. Manorkar, Advocate for respondent No.2; Mr S. P. Sonpawale, A.G.P. for respondent No.3
CORAM : PRASANNA B. VARALE AND
AVINASH G. GHAROTE, JJ.
DATE : 19th September, 2019
ORAL ORDER:
Heard Mr Gastgar, learned Counsel appearing on behalf of the
petitioner.
March, 2019, this Court referred to the grievance raised in the petition
47.19pil
(2)
and directed respondent No.2 to file affidavit-in-reply. Mr Manorkar, learned Counsel appearing on behalf of respondent No.2, by inviting our attention to affidavit-in-reply filed on behalf of respondent No.2 - Shri. S. S. Kadam, Project Director, PIU Solapur, National Highway Authority of India, submitted that the detailed study of foot over bridge at various locations from the engineer experts to safety experts was undertaken. The issue of estimated cost was also considered. The
scrutiny was made as per the NHAI policies by the higher officials. It was also submitted before this Court by referring para 16 of the said affidavit-in-reply that in-principal approval for the proposed construction of foot over bridge at village Dastapur vide communication dated 22nd April, 2019 from the Regional Office, Mumbai was received and by communication dated 22nd April, 2019, directions were issued to the Concessionaire to start the construction of said foot over bridge.
47.19pil
(3)
refers to various processes, namely, foundation work, earthwork, PCC, RCC. The bar chart also refers to completion of miscellaneous works and also refers to the expected date of completion of entire work i.e. 31st December, 2019.
(AVINASH G. GHAROTE, J.) (PRASANNA B. VARALE, J.)
sjk
Harish s/o Shrirang Daware
Union of India
Prasanna B. Varale
Avinash G. Gharote
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
