Suresh Babu Patil v. Commissioner Cum Administrator Bhiwandi Nizampura City And ORS

402-aspil79-2024.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO.79 OF 2024 Suresh Babu Patil ... Petitioner V/s.

Commissioner-cum-Administrator Bhiwandi Nizampura City & Ors.

... Respondents Mr. Kishor Patil i/by Mr. S.N. Biradar for the petitioner.

Digitally signed by ATUL GANESH KULKARNI Date:

2024.07.01 17:39:13 +0530 Mr. P.P. Kakade, Government Pleader with Mr. O.A. Chandurkar, Additional GP and Mrs. G.R.

Raghuwanshi, Additional GP for the respondent Nos.2 to 5 - State.

ATUL GANESH KULKARNI

CORAM

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

DATED : JULY 1, 2024 P.C.:

1.

Issue notice to the respondents, returnable on 31 July 2024.

2.

Mr. Kakade, learned Government Pleader has put in appearance on behalf of respondent Nos.2 to 5 - State and waives service of notice.

3.

It has been submitted that construction of certain road is going on, however, the residents of the area have pointed

402-aspil79-2024.doc out that the construction is not as per the sanctioned plan. Accordingly, the respondent No.1 has written a letter dated 4 April 2024 to the Executive Engineer, Public Works Department, Thane directing him to construct the road as per the plan. Further submission is that despite directions embodied in the letter dated 4 April 2024, construction of the road is still going on in violation of the sanctioned plan. 4.

In these circumstances, we call upon the respondent No.1 to conduct an inspection and submit a report to this Court clearly stating therein as to whether the construction of the road is as per the sanctioned plan, or not. 5.

Mr. Kakade, learned Government Pleader will also seek instructions in this regard before the next date of listing. (AMIT BORKAR, J.) (CHIEF JUSTICE)