Bombay High Court
Courts On Its Own Motion vs Msedcl Offices, Maha. State ... on 19 September, 2019
Author: Milind N. Jadhav
Bench: S.B. Shukre, Milind N. Jadhav
1 PIL70.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR.
PUBLIC INTEREST LITIGATION NO. 70 OF 2017
Courts on its own motion
Vs.
MSEDCL Offices, MSEDCL, Mumbai and others.
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
Shri S. P. Bhandarkar, Advocate as Amicus Curiae.
Shri A. M. Balpande a/w. Shri A. S. Fulzale, A.G.P. for Respondent nos. 1,
2, 11,12 and 13.
Shri S. V. Purohit, Advocate for Respondent no. 3.
Shri A. M. Quazi, Advocate for Respondent no. 4.
Shri Mohan Sudame, Advocate for Respondent no. 6.
Shri Girish A. Kunte, Advocate for Respondent nos. 7 and 10.
Shri S. M. Puranik, Advocate for Respondent no. 8 and 9.
Shri S. K. Mishra, Senior Counsel a/w. Shri Anjan De, Advocate for
Respondent no. 14.
Shri U. M. Aurangabadkar, ASGI for Respondent nos. 15 & 16.
Shri Shashibhushan Wahane, Advocate for Intervenors/Respondent no. 17.
Shri P. B. Patil, Advocate for Respondent no. 18.
Shri S. R. Bhongade, Advocate for Respondent no. 19.
CORAM:- SUNIL B. SHUKRE AND
MILIND N. JADHAV, JJ.
DATED :- 19.09.2019.
Heard. We have gone through the latest
report of the Committee which is the sixth one. Shri S. P. Bhandrakar, learned Amicus Curiae has placed before this Court, a summary of all the reports of the Committee which is taken on record and marked as 'S1' for identification. The Committee has examined every case coming within the zone of consideration and it has found that there are 432 violators who possess sanctioned plans and who have made constructions in excess of sanctioned plan. The Committee has also found that there are 3502 voilators who do not possess any sanctioned plans. The ::: Uploaded on - 19/09/2019 ::: Downloaded on - 20/09/2019 05:13:12 ::: 2 PIL70.17.odt Committee has further found that there are 48 individuals who are also in the category of violators inspite of having approved plans and the reason is that their approved plans themselves violate safety norms.
2. Thus, it is clear that we have before us in the present case, three categories of violators as stated above.
3. The first category of violators numbering 432 are those against whom the Nagpur Municipal Corporation or Nagpur Improvement Trust or both as the case may be, has to proceed by issuing notices in accordance with the provisions of Maharashtra Town Planning Act. We direct the Nagpur Municipal Corporation and Nagpur Improvement Trust to take necessary actions in this regard on or before the next date. They are further directed to place on record affidavits of the concerned officers showing compliance with this directions.
4. As regards the violators numbering 3502, not possessing any sanction plans, we find that and their constructions would be liable to be demolished by following due procedure of law by Nagpur Municipal Corporation or Nagpur Improvement Trust as the case may be by submitting a definite plane containing a time frame, within which this task would be complied. We expect that the time frame, that would be decided by these authorities would not be of a period which is more than four weeks from the date of the order. We also think it necessary to observe here that in case of any person ::: Uploaded on - 19/09/2019 ::: Downloaded on - 20/09/2019 05:13:12 ::: 3 PIL70.17.odt approaching a Civil Court, Civil Court shall not interfere in the demolition process, unless and until it is satisfied that the construction under demolition is in consonance with sanctioned plan or the plea is backed by law.
5. As regards the individuals possessing approved plans which themselves violate Electricity Safety norms of mandatory nature, we direct the Nagpur Municipal Corporation to examine the approved plans and verify it any such violation has taken place. We also direct it to fix the accountability on the concerned officers, in case the violation is found and submit its detailed affidavit in this regard on or before the next date.
6. The learned Amicus Curie has also made some suggestions as regards the rectification measures to be taken. Emphasis of rectification measures is upon relocation/re-orientation of existing High Tension Lines, shifting of High Tension Lines, replacing overhead bare conductors of High Tension Lines by overhead insulator air bunch cables of 11,000 Volts and laying underground cables. The Committee has suggested demolition of unauthorized or illegal construction only as a last resort. This suggestion, however, for the present need not to be considered as the picture would became clear only after the complete demolition of unauthorized constructions and unauthorized portions of approved constructions takes place. As regards the other suggestions of the Committee, we direct the State Government, the Planning Authorities and also the Respondent nos. 4 and ::: Uploaded on - 19/09/2019 ::: Downloaded on - 20/09/2019 05:13:12 ::: 4 PIL70.17.odt 5 to consider those suggestions and find out, if any one or all the other suggestions can be implemented. The Committee has estimated the cost for implementation of suggestions to be at Rs. 26 lakhs and whereas Shri Sudame and Shri Kale, learned counsel for respondent no. 4 and respondent no. 5 have estimated the cost to be of about Rs. 160 crores if entire High Tension Line running between Mankapur and Nara Station is to be laid underground. We find that the cost estimated by the Committee and also by Respondent nos. 4 and 5 must also need to include the cost that would be incurred by virtue of wastage of investment already made while constructing the existing towers for laying of High Tension Line. At present, it is not clear, as to whether or not such cost has been taken into account. The other related factors which might contribute to enhancing the total estimated cost would be like the cost incurred in demolition of the unauthorized constructions, escalation of cost factor and also the cost of additional manpower that would be required to be deployed for implementing these suggestions. We expect all the concerned authorities to also give their thoughtful consideration to the suggestions of the Committee and observations made now and submit to this Court nearly as possible a correct estimate of the cost required to be incurred for implementing the suggestions of the Committee.
7. Shri Wahane, learned counsel for respondent no 7- Intervener has submitted that Center Point School has constructed school building on Dabha-Amravti Road and ::: Uploaded on - 19/09/2019 ::: Downloaded on - 20/09/2019 05:13:12 ::: 5 PIL70.17.odt it is in peritious proximity to the High Tension Line and there is every day danger of some mishap occurring. In the petition also, it has been averred that there are about 159 High Tension Lines and school buildings have been constructed in close proximity to 24 High Tension Lines. Whether all these constructions and the construction of building of Center Point School are in violation of Electrical Safety clearance norms or not has to be found out by Court Committee. We therefore, direct the Court Committee to undertake this exercise and submit its report to the Court at the earliest.
8. We have directed in the earlier paragraph that Nagpur Municipal Corporation or Nagpur Improvement Trust as the case would have to demolish 3502 constructions made without having any sanctioned plans by following due procedure of law and while doing so, we direct the Nagpur Municipal Corporation or Nagpur Improvement Trust, as the case may be, to prioritize the demolition work in the following manner :-
(i) constructions existing right under the poles.
(ii) constructions existing within dangerous proximity and in violation of Electrical Safety norms.
CIVIL APPLICATION (CAO) No. 1168 OF 2017 Heard.
These are the applicants who have made ::: Uploaded on - 19/09/2019 ::: Downloaded on - 20/09/2019 05:13:12 ::: 6 PIL70.17.odt constructions which are likely to be or which have been partly demolished and so they would be interested parties and therefore, this application is allowed.
These applicants be joined as interveners in this matter. Necessary amendment be carried out. Application is disposed of.
CIVIL APPLICATION (CAO) NO. 1227 OF 2019 This application is filed by respondent no. 14 against whom an order restraining him not to create any third party interest in the buildings made by him and all his assets has been passed on 14.07.2017. By order passed on 21.02.2018, liberty was granted by this Court to respondent no. 14 to move an application for seeking vacation of the interim stay against him on condition of depositing an amount of Rs. 20 lakhs in this Court. Shri S. K. Mishra, learned senior counsel appearing for respondent no. 14 submits that respondent no. 14 complied with the said order of this Court long back. Now, the time is ripe for finally deciding this application and it shall be heard so on the next date.
PIL NO. 70 OF 2017 Authenticated copy of the order be furnished to learned Amicus Curiae, learned A.G.P., learned senior counsel and counsels appearing for the respective parties.
::: Uploaded on - 19/09/2019 ::: Downloaded on - 20/09/2019 05:13:12 :::7 PIL70.17.odt Stand over to 03.10.2019.
JUDGE JUDGE
RR Jaiswal
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