Disposed

High Court Bar Association, through Its Secretary, Nagpur v. State of Maharashtra, through Its Secretary, Urban Development Department and 4 Others

Bombay HC19 Aug 2025CAO/917/2025

Case brief

AI extract

What is this about?

Civil application in a pending PIL by the High Court Bar Association sought modification of the 2016 order on the annexe building site. Following a committee resolution based on PWD's suggestion, the court permitted use of the Chief Engineer's bungalow land for judges' bungalows and directed PWD to prepare plans for the new building on demolished bungalows' land.

What did the court decide?

Order dated 01.12.2016 modified permitting use of Chief Engineer's bungalow land for judges' bungalows; PWD directed to prepare plans and estimates.

High Court Bar Association, through Its… — Municipal and Town Planning | Bombay HC (2025)

¶1

1065.cao.917.2025.odt

¶2

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

¶4

CIVIL APPLICATION (CAO) NO. 917 OF 2025 IN

¶5

PUBLIC INTEREST LITIGATION NO. 07 OF 2015

¶6

High Court Bar Association, through its Secretary, Civil Lines, Nagpur .Vs.

¶7

State of Maharashtra and others

¶8

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

¶9

and Registrar's Orders.

¶10

Mr S. M. Puranik, Advocate for the petitioner Mr N. R. Patil, AGP for respondent No.1 to 5 and 7/State Ms R. S. Sirpurkar, Advocate for respondent No.9.

¶11

CORAM : ANIL S. KILOR AND VRUSHALI V. JOSHI, JJ. DATED : AUGUST 19, 2025.

¶12

Leave to amend the prayer clause is granted. Amendment be carried out within one week.

¶13

The petitioner-Association by way of this application is praying for modification of an order dated 01.12.2016. The modification is sought in view of the minutes of meeting dated 14.02.2023, more particularly in view of the minutes recorded in relation to Subject No. 4 i.e. Proposed Annexe Building of High Court.

¶14

Learned counsel Ms R. S. Sirpurkar for respondent No. 9 has brought to the notice of this Court the minutes of meeting dated 14.02.2023. The said meeting was chaired by the Hon’ble Acting Chief Justice of this Court.

¶15

¶16

1065.cao.917.2025.odt

¶17

In the said meeting, the difficulties were pointed out in carrying out the construction on the land allotted out of Chief Engineer, P.W.D.’s Bungalow, which is situated across the road adjoining to Gate No. 7 of the High Court. The relevant part of minutes of meeting on subject No. 4 reads thus:

¶18

“Subject No.4: Proposed Annexe Building of High Court.

¶19

Various orders were passed in P.I.L. No.7 of 2015 filed by High Court Bar Association, Nagpur regarding Court infrastructure. The orders were also passed regarding identification and allotment of land for annexe building and accordingly vide order dated 1 December, 2016, it was noted that the Government has decided to allot a portion of the land out of Chief Engineer, P.W.D's Bungalow, which is situated across the road adjoining to Gate No.7 of the High Court. Vide order dated 27^th March, 2018, it was noted that the possession of the said land has been taken by the High Court. As per the directions, the plan and estimate were submitted to the High Court and upon administrative approval, the same were forwarded to the Law and Judiciary Department. Presently, on the question of shortage of F.S.I., the matter is pending. It was suggested by Shri K.S. Ramteke, Sectional Engineer, P.W.D., SubDivision M.L.A. Hostel, Nagpur, that for approaching the annexe building, underpass will also have to be constructed which will be at the cost of Rs.7 to 10 crores and it will be inconvenient not only to the lawyers but also the staff for approaching from the main building to the annexe building. Shri Ramteke suggested that if adjacent "Daya", "Kshama" and "Shanti" Bungalows, which have become old, are

¶20

1065.cao.917.2025.odt

¶21

¶22

demolished and the annexe building is constructed on that land, which is admeasuring about 3.355 acres (13592.44 sq.mtrs.) and the bungalows for High Court Judges are constructed at the land forming part of the Chief Engineer, P.W.D.'s Bungalow, admeasuring 1.46 acres (5908.41 sq.mtrs.), it will be more practical and cost saving.

¶23

It is resolved that the land forming part of bungalow of the Chief Engineer admeasuring 1.46 acres (5908.41 sq.mtrs.) of land can be utilized for constructing three new bungalows for the Judges of the High Court. The suggestion given being practical and leading to saving of cost, it is further resolved to accept it, subject to approval of the High Court in P.I.L. No. 7 of 2015. It is further resolved to meanwhile request the P.W.D. to prepare plan and estimate for new administrative building and additional space for advocates on the land that would become available after demolition of buildings "Daya", "Kshama" and "Shanti" and also prepare plan and estimate of three or more residences with amenities for High Court Judges at the land forming part of the bungalow of the Chief Engineer. P.W.D. (Civil and Electrical) to do the needful in the matter, Registrar (Judicial), High Court, Nagpur, Shri Amit G. Joshi to pursue the matter and take necessary steps in this regard vigorously. Upon submission of plan after considering feasibility, before implementing, appropriate application be filed for modification of order dated 1"' December, 2016 and further orders passed in the pending P.I.L. No. 7 of 2015 accordingly. Thereafter, the Registry to proceed accordingly.”

¶24

4 1065.cao.917.2025.odt

¶25

Accordingly, we modify the order dated 01.12.2016 and allow the PWD to prepare a plan and estimate for new administrative building and additional space for advocates on the land that would become available after demolition of buildings “Daya”, “Kshama” and “Shanti” and also prepare a plan and estimates of the appropriate number of bungalows considering the total area available with amenities for High Court Judges at the land forming part of the bungalow of the Chief Engineer, PWD (Civil and Electrical).

¶26

The Civil application stands disposed of, accordingly.

¶27

PUBLIC INTEREST LITIGATION NO. 07 OF 2015.

¶28

Place this matter on 02.09.2025.

¶29

[VRUSHALI V. JOSHI, J] [ANIL S. KILOR, J.]

¶30

Namrata

High Court Bar Association, through Its Secretary, Nagpur v. State of Maharashtra, through Its Secretary, Urban Development Department and 4 Others

Case brief

What is this about?

What did the court decide?

High Court Bar Association, through Its Secretary, Nagpur v. State of Maharashtra, through Its Secretary, Urban Development Department and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Smt. Mrunal Mohan Patki vs Honble Bombay High Court, Bench at Nagpur Thr. Registrar (Administration) Nagpur and Anr.

Ravi Raghoji Dudhe Vs the State of Maharashtra, Thr. Secretary for Urban Devpt. Dept., Mumbai and Another

Sau. Alka Hanumansing Betpuriya Vs Zilla Parishad, Nagpur, Thr. Its Chief Executive Officer, Nagpur and Others

Smt. Pratima W/O. Late Prabhakar Daradmare and Ors. Vs Vikaschandra Rastogi, Additional Principal Secy., Agriculture Dept., Mumbai and Ors.

Kalpana Ashok Palaspagar Vs the Collector, Akola and Others

Mohammad Isak Mohammad Sharif and Others Vs State of Maharashtra, Thr. Secretary, Rural Devpt. and Water Conservation Dept., Mumbai and Ors.