The Secretary, Law And Judiciary Dept. And ORS. v. Shri Pramod Mahadeo Thakur And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO.10 OF 2008 Shri Pramod M. Thakur ..... Petitioner V/s The Secretary, Law and Judiciary Department & Ors.

..... Respondents WITH CIVIL APPLICATION NO.95 OF 2016 IN PUBLIC INTEREST LITIGATION NO.10 OF 2008 The Secretary, Law and Judiciary Department & Ors.

..... Applicants

IN THE MATTER BETWEEN

Shri Pramod M. Thakur ..... Petitioner V/s The Secretary, Law and Judiciary Department & Ors.

..... Respondents Mr. V.B. Thadhani, AGP for the Applicants.

Mr. R.S. Thakur for the Petitioner.

Mr. Sanjay Udeshi i/b M/s. Sanjay Udeshi & Co. for the Respondent No.8.

Mr. C.M. Lokesh i/b M/s. G.S. Hegde & Associates for the Respondent No.5.

CORAM : A.S. OKA & A.A. SAYED, JJ.

DATED : 28 JULY 2016 ORDER:

As far as Civil Application is concerned, today Undertaking of Shri Rahul Suresh More, Executive Engineer, Public Works Division, Panvel is tendered along with his Affidavit dated 26 July 2016. There is an Undertaking given by Shri Rahul More, Executive Engineer, to complete 1/3

2/3 the construction of Court Building and eight Residential Quarters at Panvel on or before 28 September 2016 and to hand-over possession thereof to the learned Principal District Judge, Raigad at Alibagh on or before 28 September 2016. The Undertaking of Shri Rahul S. More is accepted as Undertaking given on behalf of the State of Maharashtra. As on today, the State Government has not taken any decision on the allotment of the land for parking of the vehicles for the new Court Building at Panvel. The learned Counsel appearing for the Petitioner pointed out that the adjacent plot of land in possession of the Police Department/Home Department is lying vacant for last 30 years and therefore, the same can be conveniently allotted for parking of the vehicles. He submitted that the said plot was earmarked for construction of police quarters. He further states that thereafter another plot has been allotted for the same purpose and the construction of Police Quarters has already commenced on the said plot.

The learned AGP appearing for the State pointed out that a meeting is fixed on 10 August 2016 to take appropriate decision regarding parking of vehicles.

In view of the observations made in the order dated 1 July 2016, though Undertaking of Shri More is accepted, the Application will have to 2/3

3/3 be kept pending till the issue of allotment of land for parking is sorted out by the State Government. We must note here that under the final judgment and order dated 7/13 August 2015, a direction was issued to the State Government to take all possible steps to provide adequate parking facilities. In fact, the compliance Affidavit was to be filed by the State Government prior to 30 November 2015.

As we are informed that a meeting is fixed on 10 August 2016, we direct that the present Civil Application along with the main Public Interest Litigation shall be listed under the caption of Orders on 16 August 2016.

There is a typographical error in the last line of paragraph 2 of order dated 1 July 2016. The date shall be corrected as 28 September 2016. Correction shall be carried out to the original order as well as the order uploaded on server.

(A.A. SAYED, J.) (A.S. OKA, J.) katkam 3/3