PIL alleging that NHAI's construction of a cross drainage structure while widening National Highway No. 4 to eight lanes caused storm water to enter agriculturists' fields. NHAI produced an RCC drain plan; the court accepted it as adequate and disposed of the PIL.
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
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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
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1 issue framed by the court
Whether the construction of a cross drainage structure on National Highway No. 4 would cause storm water to enter the petitioners' agricultural fields.
Ajit Ramchandra Patil
The National Highway Authority
Sandeep V. Marne
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.
Judgements on the same questions, provisions and authorities, from every court
