Kishore Mansukhani v. State Of Maharashtra And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 72 OF 2021 Kishore Mansukhani .. Petitioner

Versus

State of Maharashtra & Ors.

.. Respondents Mr. Yatin Malvankar for petitioner.

Mrs. Neha S. Bhide, Govt. Pleader with Mr. O. A. Chandurkar, Addl. Govt. Pleader with Mrs. G. R. Raghuwanshi, AGP for respondent no.1-State.

Mr. R. V. Govilkar, Senior Advocate with Priyanka Chavan and Saba Khan for respondent nos.2 and 3.

Mr. Sandeep S. Ladda a/w Adesh Jadhav & Sarvesh Dixit for respondent no.4.

Ms. Anjali Chandurkar a/w Mr. D. J. Kakalia, Ms. Bhavna Singh Jaipuria and Mr. Paresh Patkar i/by Mulla and Mulla & Craigie Blunt & Caroe for respondent nos.5 and 6.

Digitally signed by PRAVIN DASHARATH PANDIT Date:

2025.02.20 18:33:01 +0530 PRAVIN DASHARATH PANDIT

CORAM:

ALOK ARADHE, CJ. & BHARATI DANGRE, J.

DATE:

20th FEBRUARY, 2025 ORDER [Per Chief Justice]:

1.

Rule. Rule is made returnable forthwith. With the consent of the learned counsel for the parties, heard finally. 2.

In this petition, which has been filed as Public Interest Litigation, the petitioner has highlighted the issue with regard to the pathetic condition of the national highway between Pune and Satara. It is the case of the petitioner that the National Highway Authority of India (NHAI) has failed to complete the highway between Pune and Satara due to which the public in general is facing inconvenience. The petitioner

has, therefore, sought a direction to the respondents to complete the highway between Pune and Satara within fixed time limit.

3.

Learned counsel for the NHAI has invited the attention of this Court to the additional affidavit filed on their behalf and submitted that the highway between Pune and Satara has been constructed, except the patch of 1.22 kms. between Pune and Satara.

4.

It is further submitted that the aforesaid stretch of 1.22 kms. shall be completed on or before 30th May, 2025. Following statement has been made in paragraph 9 of the additional affidavit in reply sworn in by one Sanjay Kadam, Project Director, NHAI, which is extracted below for the facility of reference: - "9.

The Respondent thus submits that in light of the above scenario, out of the remaining 2.44 Kms., 122 Kms having been completed in the month of December, 2024, the remaining 1.22 Kms is scheduled to be completed by 30/05/2025.

5.

In addition, in paragraph 7 (iv) of the said additional affidavit in reply, the following statement has been made: - "7(iv) Long-term rectification work at 4 Nos. of MoRTH Blackspots i.e.

(i) Bhumkar Pull (MH-04-27) (ii) Navale Bridge (MH-04-26) (iii) Bavdhan (MH-04-42) (iv) Wakad (MH-04-41) and Design and Construction of

FOB at Km 842+680 near NDA Chowk on Pune-Satara Section of NH-48 in the State of Maharashtra on EPC Mode.

That an EPC Contractor has been appointed on 01/09/2024 and the scheduled completion date for the said project is 31st August, 2025. That it is humbly reiterated herein that the said work is additional work outside of the Original Concessionaire agreement." 6.

The aforesaid statements made in the additional affidavit in reply filed on behalf of NHAI are taken on record. Needless to state that Project Director of NHAI shall adhere to the timelines mentioned in the additional affidavit in reply and shall complete the remaining work of construction of 1.22 Kms of stretch upto 30th May, 2025 and long-term rectifications, as referred to in paragraph 7(iv), on or before 31st August, 2025.

7.

Accordingly, the PIL is disposed of.

(BHARATI DANGRE, J.) (CHIEF JUSTICE)