Balaji Shivajirao Jogdand v. The State Of Maharashtra Through Secretary And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD PUBLIC INTEREST LITIGATION NO.19 OF 2016 Balaji s/o Shivajirao Jogdand Petitioner

Versus

State of Maharashtra & others Respondents Mr.V.B.Jogdand Patil, advocate for petitioners. Mr.A.B.Girase, Government Pleader for Respondents No.1 to 4 & 6 to 8.

Mr.A.A.Mukhedkar, advocate for Respondent No.5. CORAM : R.M.BORDE & K.L.WADANE, JJ.

DATE : 12th August, 2016 PER COURT:

Petition is presented seeking directions to construct and properly repair and maintain such of the roads within Sonpeth taluka.

An affidavit-in-reply is presented on behalf of respondents wherein it has been recorded in paragraphs no.4 to 6, as under:

I say and submit that after following due procedure prescribed in law, the work orders were issued in favour of successful bidders thereby allotting various work of repairs of the roads in Sonpeth taluka. I say and submit that considering the condition of various roads, after following due procedure prescribed in law, the tenders were invited for the improvement of roads, as follows:

{2} {1} SH 221 Sonpeth - Narwadi - Awalgaon - Vandan - Harangul road KM 21/500 to 24/00, amount Rs.1,22,30,697/-.

{2} SH 221 Pathri - Limba - Vita road KM 211/00 to 213/00, amount of Rs.88,11,287/-.

{3} MSH 16 Parli District Border to Gangakhed road KM 233/400 to 234/00, amount Rs.58,63,152/-.

{4} MSH 16 Parli District Border to Gangakhed road KM 233/400 to 234/00, amount Rs.58,63,152/-.

{5} SH 235 Sirsala - Sonpeth - Shelgaon - Shrshi road KM 52/400 to 59/00, amount Rs.87,10,456/-. I say and submit that so far as Shelgaon - Saikheda, Khadka - Tivtana - Mahatpuri road is concerned, a proposal is forwarded for the construction of bridges, improvement and block topping of the road. The State Government vide its Government Resolution dated 30.1.2016 granted administrative approval for the said work and sanctioned amount of Rs.8,10,35,000/-. I say that after getting necessary technical sanction, the work orders wil be issued, after following due procedure prescribed in law.

It is, thus, revealed that in respect of 5 roads, work orders have already been issued, whereas, in case of certain works, administrative approval has been accorded on 30.01.2016. In view of the aforesaid disclosure in the affidavit-in-reply, grievance raised by the petitioner, in the instant petition, stands substantially redressed. Respondent-State shall also ensure execution of the work within time stipulated in the work orders and shall also ensure completion of proposed work of Shelgaon - Saikheda, Khadka - Tivtana - Mahatpuri road as well as improvement and black topping of the road, within shortest possible time.

{3} In view of above, writ petition stands disposed of keeping open an option to the petitioner to approach the Court in case of occurrence of any fresh cause of action. K.L.WADANE R.M.BORDE JUDGE JUDGE adb/pil1916