Bombay High Court
Shree Saibaba Sansthan Trust Shirdi ... vs The State Of Maharashtra And Others on 10 June, 2019
Author: R.G. Avachat
Bench: P.B. Varale, R.G. Avachat
5-CA-2427-19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 2427 OF 2019
IN
PUBLIC INTEREST LITIGATION NO. 86 OF 2018
Shirdi Nagar Panchayat, Shirdi
Through its Chief Officer ..APPLICANT
VERSUS
Sanjay Bhaskarrao Kale and Others ..RESPONDENTS
....
Mr. V.D. Hon, Senior Advocate i/b Mr. A.V. Hon, Advocate for applicant
Ms. P.S. Talekar, Advocate i/b Talekar and Associates for respondent no.1
Mr. A.B. Girase, Government Pleader for respondent no.2 - State
Mr. N.R. Bhavar, Advocate for respondent no. 3
....
WITH
CIVIL APPLICATION NO. 6359 OF 2019
IN
PUBLIC INTEREST LITIGATION NO. 152 OF 2018
Shree Saibaba Sansthan Trust, Shirdi
Through its Chief Executive Officer ..APPLICANT
VERSUS
State of Maharashtra and Others ..RESPONDENTS
....
Mr. N.R. Bhavar, Advocate for applicant
Mr. A.B. Girase, Government Pleader for respondent - State
Ms. P.S. Talekar, Advocate i/b Talekar and Associates for respondent nos. 5
and 6
....
CORAM : P.B. VARALE AND
R.G. AVACHAT, JJ.
DATED : 10th JUNE, 2019 1 / 4 ::: Uploaded on - 13/06/2019 ::: Downloaded on - 15/07/2019 03:32:54 ::: 5-CA-2427-19.odt PER COURT :
By Civil Application No. 2427 of 2019, applicant - Shirdi Nagar Panchayat prayed for intervention in Public Interest Litigation No. 86 of 2018 and also prayed for modification/clarification of order dated 30 th January, 2019 passed by this Court. Civil Application No. 6359 of 2019 is filed on behalf of Shree Saibaba Sansthan Trust, Shirdi for modification of order dated 30th January, 2019.
2. Mr. Hon, learned Senior Counsel submitted that Shirdi being a holly place, the devotees from all over country regularly visit Shirdi. Shirdi Nagar Panchayat is required to take all necessary care for providing basic amenities to the devotees. State of Maharashtra, though had not made any special provision for funding, Shree Saibaba Sansthan Trust, Shirdi provides financial assistance to Shirdi Nagar Panchayat. He submits that Section 21 of Shri Saibaba Sansthan Trust (Shirdi) Act, 2004 deals with utilization of Trust's funds and clause 21(2)(ii) makes a provision whereby Shree Saibaba Sansthan Trust, Shirdi is authorized to provide funds to Shridi Nagar Panchayat for improvement and augmentation of local civic services.
3. Mr. Hon, learned Senior Counsel further submits that on one hand Shree Saibaba Sansthan Trust, Shirdi kept its hands away from disbursing the amount in view of order of this Court and on the other hand there is urgency of 2 / 4 ::: Uploaded on - 13/06/2019 ::: Downloaded on - 15/07/2019 03:32:54 ::: 5-CA-2427-19.odt the works in respect of development of roads so as to avoid traffic congestion. It is also the submission of Mr. Hon that considering the rainy season being facing now, it would be necessary for Shirdi Nagar Panchayat to make arrangements of better road facilities to the devotees.
4. Per contra, it is the submission of Ms. Talekar, learned Counsel for petitioner in Public Interest Litigation No. 152 of 2018 that the trustee members of Shree Saibaba Sansthan Trust, Shirdi may, under the garb of modification of order of this Court, indulge into certain oblique motives whereby there would be a mismanagement of funds.
5. At this stage, we are not inclined to go into the submissions or counter submissions. We would be more interested to see that large number of devotees, who are visiting Shirdi, are not sufferer of traffic congestion or deprived of amenities. As such, we deem it appropriate to appoint a two members committee of Adv. Mr. S.V. Warad and Adv. Mr. Chaitanya Dharurkar. This Committee would visit Shirdi and submit a report to this Court in so far as priority of work of road development and issue of traffic congestion is concerned. This two member Committee to submit its report to this Court within a week. We request Mr. Girase, learned Government Pleader to take appropriate steps so as to provide the facilities to the Committee in respect of residential accommodation and to and fro journey to Aurangabad and Shirdi. 3 / 4 ::: Uploaded on - 13/06/2019 ::: Downloaded on - 15/07/2019 03:32:54 :::
5-CA-2427-19.odt
6. Post these applications for further consideration after one week. Public Interest Litigation No. 26 of 2019 also be tagged alongwith these Public Interest Litigations.
7. Authenticated copy to the learned Government Pleader.
( R.G. AVACHAT, J. ) ( P.B. VARALE, J. ) SSD 4 / 4 ::: Uploaded on - 13/06/2019 ::: Downloaded on - 15/07/2019 03:32:54 :::