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Bombay High CourtPIL/3/2021dismissed

Sanjay S/O Omprakash Varma And Others v. National Highway Authority Of India, New Delhi Through Chairman And Others

2021-02-03Hon'Ble Shri Justice Nitin Jamdar,Hon'Ble Shri Justice Anil S. Kilor2 pages

Order 0302pil3.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

PUBLIC INTEREST LITIGATION NO. 3/2021.

Sanjay Omprakash Varma and others.

...

Petitioners.

-VERSUS1.National Highway Authority of India and others.

... Respondents.

.....

Shri A.D. Bhate, Advocate for the Petitioners. .....

CORAM : NITIN JAMDAR AND ANIL S. KILOR, JJ.

DATE : 3 FEBRUARY 2021.

P.C.

Heard learned Counsel for the Petitioners.

2.

The Petitioners, who are Civil Engineers residing at Khamgaon, are seeking a direction from this Court to constitute a Committee of three experts Civil Engineers to examine and carry out inspection of quality of the construction work of National Highway which passes through Khamgaon city.

Order 0302pil3.21 3.

In short the Petitioners who are Civil Engineers want a Committee of Civil Engineers to examine the quality of road which passes through their city.

4.

The petition as filed gives no details as to the legislation or resolution which governs the quality control of National Highway. The petition is filed without verifying that whether any such Authority or which officer is entrusted with the task of checking the quality.

5.

It is also not possible for us to appoint a Committee of Civil Engineers as sought for by the Petitioners in absence of any particulars or lack of research as to whether appointing such a Committee will supersede authority of the agency/officer already appointed. It is not possible to initiate a cause in Public Interest in such a petition where even basic statutory framework has not been examined. We are thus decline to entertain the petition as drafted.

6.

Public Interest Litigation is accordingly disposed of. (ANIL S. KILOR, J) (NITIN JAMDAR, J) Rgd by Rakesh Dhuriya Date:

2021.02.05 10:16:58 +0530 Rakesh Dhuriya