Deepak Kumar Pyarelal Gupta v. The Jalgaon City Municipal Corporation Through Its Commissioner And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD PUBLIC INTEREST LITIGATION NO.85 OF 2016 Deepak Kumar s/o Pyarelal Gupta, Age-39 years, Occu:Social Work and Private Service, R/o-388, Ghakul, Shivajinagar, Jalgaon, Dist-Jalgaon, Pan Card No.AKZPG5106E, Mob. No.9890809030 ...PETITIONER

VERSUS

1) The Jalgaon City Municipal Corporation, Through: its Commissioner, having its office at Administrative Building, Sardar Vallabhbhai Patel Bhavan, Nehru Chowk, Jalgaon, Dist-Jalgaon,

2) The Divisional Engineer (North), Bhusaval, Central Railway, having its office at Divisional Office, Engineering Branch, Bhusaval, Dist-Jalgaon,

3) Divisional Railway Manager, Bhusaval,

4) The Union of India, Through its Secretary, Railway Department, New Delhi,

5) The State of Maharashtra, Through:Secretary, Urban Development Department, Mantralaya, Mumbai-32,

6) The Superintendent of Police, Jalgaon, Dist-Jalgaon,

7) The Maharashtra State Road Transport Corporation (MSRTC), Jalgaon, Dist-Jalgaon,

8) Chief Executive Engineer / Superintending Engineer, Public Works Department, Jalgaon.

...RESPONDENTS ...

Mr.K.C. Sant Advocate for Petitioner.

Mr.P.R. Patil Advocate for Respondent No.1.

Mr. D.V. Soman Advocate for Respondent Nos.2 and 3.

Mr. S.B. Deshpande, A.S.G. for Respondent No.4.

Mr. S.B. Yawalkar, Additional Government Pleader for Respondent Nos.5, 6 and 8.

...

CORAM: S.S. SHINDE AND S.M. GAVHANE, JJ.

DATE : 4TH APRIL, 2018 ORDER :

1.

At the outset, learned counsel appearing

for Respondent No.1 - Jalgaon City Municipal Corporation has tendered across the Bar a copy of "No Objection Certificate" issued by the Municipal Corporation, Jalgaon, dated 28th November, 2016, for construction of the over-bridges. Learned counsel appearing for Respondent No.1 Municipal Corporation, on written instructions, submits that for the proposed construction of over-bridge and approach roads, the Respondent Corporation has granted no objection in the year 2016 itself, and therefore, the question of opposing the proposed construction of the over-bridge and approach roads at the behest of the Respondent Corporation would not arise.

2.

In that view of the matter, the Respondents are directed to undertake the work of construction of over-bridge and approach roads forthwith, without any further delay.

3.

With the above observations, the Public

Interest Litigation stands disposed of.

.

The parties to act upon authenticated copy of this order.

[S.M. GAVHANE, J.] [S.S. SHINDE, J.] asb/APR18