Waman H. Koli v. The State Of Maharashtra And ORS

VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION No. 39 OF 2015 Waman H. Koli ...

Petitioner Vs.

The State of Maharashtra & Ors.

...

Respondents *** Gajendra J. Waity, for the Petitioner.

Mr. Milind Sathe, Sr. Counsel a/w Ms. Surekha Sonawane, for the Respondent - BMC.

Mr. F. R. Shaikh, APP for the Respondent - State. *** CORAM : V. M. KANADE, & REVATI MOHITE DERE, JJ.

DATE : FEBRUARY 17, 2016 PC.

1.

The grievance of the Petitioner in this PIL is that though work of reconstruction of the Community Welfare Center and the library has begun, some of the local people are trying to obstruct the reconstruction of the said Center. It is alleged that the local people opposed the soil investigation, which was being carried out at the instance of the Corporation. It is submitted that police protection be 1 / 3

provided to the workers for carrying out the said soil investigation. 2.

An affidavit in reply is filed by the Bombay Municipal Corporation. The Corporation has designed a development plan for the city of Mumbai, and as per the said plan, land bearing CTS 263 situated at Trombay Koliwada has been reserved for Community Welfare Center and the Library. The land is owned by the Corporation. It is stated that work of redevelopment was to commence and for that purpose the Corporation has appointed Mr. Pankaj Joshi as the Project Management Consultant on 1.10.2010.. The Corporation has also appointed M/s. D. B. M. Geotechnics & Constructions Pvt. Ltd. to carry out soil testing of the said land. It is stated that Respondent Nos. 2 to 5 are ready to complete the project if the police protection is provided by Respondent No. 8. 3.

Since the Corporation / Respondent Nos. 2 to 5 propose to develop the property and construct the Community Welfare Center and the Library as per the reservation earmarked in the development plan, we are of the view that there is an obstruction for carrying out the said proposed construction work. Respondent No. 8 shall provide police protection to the contractors, who are appointed by the 2 / 3

Corporation for the said work. The cost of police protection shall be borne by the Corporation. It is clarified that if the Trombey Police Station are not in a position to provide police protection, the Local Arms Force Unit is directed to provide the police protection. Criminal PIL is therefore disposed of in the aforesaid terms. Sd/- Sd/- [REVATI MOHITE DERE, J.] [V. M. KANADE, J.] Vinayak Halemath 3 / 3