PIL grievance that NHAI's cross drainage construction during highway widening to eight lanes was letting storm water enter agricultural fields. NHAI produced an RCC drain plan connecting upstream nallah to downstream natural nallah, which the court found adequate; PIL disposed of.
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.
5-aspil-65-2024.docx
Gitalaxmi
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO. 65 OF 2024
Ajit Ramchandra Patil & Anr.
} .. Petitioners
: Versus :
The National Highway Authority & Ors. } .. Respondents
Mr. Rakesh Sharad Patil for the Petitioners.
Mr. Rakesh L. Singh a/w Ms. Heena Shaikh i/b M. V. Kini & Co. for Respondent Nos. 1 & 2.
Mr. B. V. Samant, Addl.GP a/w Mr. S. P. Kamble, AGP for Respondent Nos. 3 to 6-State.
Coram : Sandeep V. Marne & Dr. Neela Gokhale, JJ. (Vacation Court) Dated : 15th May 2024.
P.C. :
1. We have heard the learned Counsel appearing for the Petitioners and the learned Counsel appearing for Respondent Nos. 1 and 2.
2. The limited grievance raised by the Petitioners in the present matter is about the manner in which Respondent Nos. 1 and 2 are currently constructing the cross drainage structure in service road section of National Highway No. 4 while expanding it to eight lanes. It is Petitioners’ grievance that the construction of cross drainage undertaken by the National Highway Authority of India (“ NHAI ”) is resulting into the storm water entering the fields of Petitioners and other agriculturists.
3. Mr. Singh, the learned Counsel appearing for Respondent Nos. 1 and 2 has placed on record the plan for construction of RCC drain for connecting
_____Page No. 1 of 2 ____ 15th May 2024
Gitalaxmi 5-aspil-65-2024.docx
the upstream nallah to the natural nallah on downstream side. The said plan is taken on record and marked “ X ” for identification.
4. We have gone through the said plan and it appears that the construction of RCC drain proposed by NHAI shall ensure that the storm water does not enter the agriculture fields of Petitioners and others.
5. In our view, therefore, nothing further remains to be adjudicated in the present matter.
6. Public Interest Litigation is disposed of accordingly.
[ Dr. Neela Gokhale, J. ]
[ Sandeep V. Marne, J. ]
GITALAXMI KRISHNA KOTAWADEKAR
Digitally signed by GITALAXMI KRISHNA KOTAWADEKAR Date: 2024.05.15 19:33:19 +0545
_____Page No. 2 of 2 ____ 15th May 2024
1 issue framed by the court
Whether NHAI's construction of a cross drainage structure on the National Highway No. 4 service road was causing storm water to enter petitioners' agricultural fields.
Ajit Ramchandra Patil & Anr.
The National Highway Authority & Ors.
Sandeep V. Marne
Dr. Neela Gokhale
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.
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
