Ramakant S/O. Tribhuwannath Tiwari v. Nagpur Improvement Trust, Thr. Its Chairman, Nagpur And Others

2025:BHC-NAG:5684-DB 912-PIL-36-2024.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

PUBLIC INTEREST LITIGATION NO. 36 OF 2024 Ramakant Tribhuwannath Tiwari vs.

Nagpur Improvement Trust through its Chairman and others. ------------------------------------------------------------------------------------------------------- Mr. G. I. Dipwani, Advocate for petitioner.

Mr. Girish Kunte, Advocate for respondent nos. 1 and 3. Mr. N. S. Rao, AGP for respondent nos. 2 and 4. Mr. M.R. Joharapurkar, Advocate for intervenors. Mr. A.A.Dhawas, Advocate for intervenors.

Mr. P.S.Tiwari, Advocate for intervenors.

------------------------------------------------------------------------------------------------------- CORAM :- NITIN W. SAMBRE and SACHIN S. DESHMUKH, JJ. DATE :- 19th JUNE, 2025 P. C.

Heard learned counsel for the parties.

2.

We noticed that the development work of the road in question is yet to be completed as at majority of the places the shoulder is not properly carpeted may be by paver blocks or otherwise. 3.

It is assured that the said work shall be completed within a period of six weeks from today.

4.

The statement is taken on record as an undertaking to this Court. 5.

Apart from above, we have perused the affidavit duly sworn for and on behalf of the respondent no.2 by the Executive Engineer, Public Works Division No.1. By the said affidavit it is brought to our notice that the road in question is already completed including that of construction of drains on both the sides.

6.

In view of the aforesaid statement made by the Executive Engineer, Public Works Division no.1, we deem it appropriate to dispose of the public interest litigation by taking the statement on record that the remaining work shall be completed within a period of six weeks by removing encroachments.

912-PIL-36-2024.odt 2 7.

Record if any be returned to the office of the Government Pleader or the concerned department.

8.

With these directions/observations the public interest litigation stands disposed of. No costs.

Pending civil applications, if any, stand disposed of in view of aforesaid order.

9.

Needless to clarify that a fresh cause will entail the respective parties to approach afresh.

( SACHIN S. DESHMUKH, J.) (NITIN W. SAMBRE, J.) Andurkar.