Kunal S/O Nitin Raut v. The State Of Maharashtra Urban Development Dept. Thr. Secretary Mantralaya Mumbai And Other

PIL96-16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

Public Interest Litigation No.96 of 2016 (Kunal Nitin Raut .vs. The State of Maharashtra and others. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Shri R.R. Chougule, Advocate for Petitioner.

Ms. N.Mehta, AGP for Respondent Nos. 1 to 4.

CORAM : B.P. Dharmadhikari & Manish Pitale, JJ.

DATED : JANUARY 31, 2018.

Heard learned counsel for the petitioner. He is seeking time to file rejoinder. We find that the State Government has filed reply on 07.01.2017. Thus after more than one year, leave is being sought to file rejoinder on record.

2.

There is already a note prepared for decision by Cabinet on 28.02.2014. As per that note, the establishment of Dr. Babasaheb Ambedkar Hospital and Research Centre near Indora in North Nagpur is to be upgraded.

3.

It appears that the Hospital and Research Centre is managed by the Government Institute. 4.

In this situation, we find that the Government has to take suitable steps to modernise or to expand the facilities in that Hospital and Research Centre. Learned

PIL96-16.odt A.G.P. has submitted that adjacent land which is claimed by said Institute for expansion and development was earlier leased out to an Educational Institute. Its lease was cancelled and that cancellation is subject matter of a writ petition before learned Single Judge of this Court. 5.

It is obvious that subject to availability of that land, the decision can be taken. If the land is not available in existing premises and with infrastructure which can be installed therein, any exercise of modernisation or then providing other facilities can be undertaken is also the option. All this basically needs to be looked into by respondent Nos. 1,2 and 3.

6.

We, therefore, direct the respondents to take necessary decision in this respect within next four months.

7.

With this direction, we partly allow the P.I.L. and dispose it of. No costs.

JUDGE JUDGE halwai