Qaneez-E-Fatemah Sukhrani And ORS v. Maharashtra Metro Rail Corporation Ltd. Thr. Its Chairman Managing Director And ORS

401-pil-74-2024.doc Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO.74 OF 2024 Qaneez-E-Fatemah Sukhrani & Ors.

... Petitioners V/s.

Maharashtra Metro Rail Corporation Ltd. & Ors.

... Respondents Ms. Ronita Battacharya Bector for Petitioners. Mr. Abhijit P. Kulkarni for Respondent Nos.3. Mr. P. P. Kakade, Government Pleader a/w Mr. O. A. Chandurkar, Additional Government Pleader a/w Mrs. G. R. Raghuvanshi, Additional Government Pleader for State/Respondent Nos.4 and 6.

CORAM

: DEVENDRA KUMAR UPADHYAYA, CJ & AMIT BORKAR, J.

DATED : JUNE 24, 2024 P.C.:

1.

Heard learned counsel for the petitioners, Mr. Kulkarni, learned counsel representing respondent No.3 and learned Government Pleader representing State-Respondent Nos.4 and 6.

2.

In view of the proposed order, requirement of fresh notice to other respondents, is hereby dispensed with. 3.

By filing this public interest litigation petition, certain concerns have been expressed by the petitioners in respect of Digitally signed by SHABNOOR AYUB PATHAN Date:

2024.06.25 11:36:52 +0530 construction of Ramwadi and Yerwada Metro Stations on SHABNOOR AYUB PATHAN Nagar Road, Pune. The averments made in the petition primarily highlight the traffic and congestion at Nagar Road on

401-pil-74-2024.doc account of construction of these two metro railway stations. 4.

Mr. Kulkarni, learned counsel representing the Municipal Corporation, Pune, has submitted that the construction is in very advance stage, and it is likely to be completed soon and to entertain any complaint at this juncture would be completely uncalled for.

5.

The petitioners are said to have formed an association in the name and style of "Association of Nagar Road Citizens Forum" which has made representation to the authorities on 23rd January 2024 raising grievances. The said representation is available as Exhibit -AA at page No.256 of this petition. 6.

Accordingly, having regard to the overall facts and circumstances of the case, we find it appropriate to require the Divisional Commissioner of Pune Division to look into the said grievances and take appropriate and suitable decision and action, which may be permissible and plausible under law. The representation would be considered and appropriate decision thereon shall be taken by the Divisional Commissioner in consultation with other authorities expeditiously, preferably within a period of two months from the date a certified copy of this order is produced before him. 7.

The public interest litigation petition stands disposed of in aforesaid terms.

(AMIT BORKAR, J.) (CHIEF JUSTICE)