Bombay High Court
Yogesh Raosaheb Bharsakhale And ... vs The State Of Maharashtra And Others on 2 December, 2021
Author: S.G. Mehare
Bench: Ravindra V. Ghuge, S.G. Mehare
934-pil-95-2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
934 PUBLIC INTEREST LITIGATION NO.95 OF 2019
YOGESH RAOSAHEB BHARSAKHALE AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioners : Mr. Khivansara Sunny S, Mr. Shubham S. Agrawal GP for Respondent Nos.1 to 4 : Mr. D.R. Kale Advocate for Respondent No.2 : Mr. A.P. Bhandari Advocate for Respondent No.3 : Mr. A.S. Bajaj ...
CORAM : RAVINDRA V. GHUGE & S.G. MEHARE, J.J. DATED : 02nd DECEMBER, 2021 PER COURT:-
1. The Committee of three learned advocates Shri S.R. Yadav - Lonikar, Shri M.M. Nerlikar and Shri G.R. Syed, have visited the Priyadarshani Udyan on 30.11.2021 and again on 01.12.2021.
They have submitted a report (11 pages) dated 02.12.2021. The copies of the said report were shared with the learned advocates representing the litigating sides in this PIL. The report of the Committee dated 02.12.2021 is taken on record and marked as 'X-1' for identifcation.
2. At the outset, we deem it appropriate to record our appreciation for the eforts taken by the three learned advocates - Committee and upon going through the contents of the report, we have no doubt that the said report would be of much assistance to the Court 1/6 ::: Uploaded on - 04/12/2021 ::: Downloaded on - 04/12/2021 23:58:37 ::: 934-pil-95-2019.odt as well as to the parties since the PIL that we are considering is not adversarial litigation. The endeavour of all the parties in this PIL should be to ensure that the memorial is brought up in a splendid manner and the land, which is commonly known as the Priyadarshani Udyan, is utilized and cultivated in such a way that, while catering to the needs of the visitors to the museum, the greenery in the said area is enhanced by protecting the existing trees, by planting fresh trees and wherever needed, dead trees are replaced with new native trees. If this is achieved, the land being utilized by the government for the memorial, would turn out to be a lung to the CIDCO area which is now reported to be occupied by a population of almost 3.5 lakhs.
3. The Committee has rightly followed the methodology of visiting the site, plot-wise and drawing their impressions which are precise. The report has made it extremely easy for us as well as all the parties in understanding the entire topography of the land which is being utilized. The manner in which the details have been placed before us vide the report, actually creates a visual impression before us. The learned advocate for the AMC Shri Bhandari rightly suggested that we should keep the colour map produced by the AMC in the proceedings, before us while appreciating the report.
4. As we considered the report and perused the map before us, we formed an opinion that too many entries into the memorial site and the garden would create security hazards for the AMC who would ultimately be maintaining this site, in as much as, the AMC will have to 2/6 ::: Uploaded on - 04/12/2021 ::: Downloaded on - 04/12/2021 23:58:37 ::: 934-pil-95-2019.odt spend on deployment of security guards at the security gates and provide them with facilities while on duty. Multiple entries in any memorial or garden have their own ill-efects and disadvantages. So also, we formed an opinion that the visitors to the memorial site should be treated as equals and there is no necessity to create an exclusive entry for VIP. All visitors intending to visit the memorial and enjoy the serenity of the garden and aforestation in the said piece of land, would fnd it convenient to use the common entry which is provided on the southern-west corner that is already in existence. Such entry would lead the vehicle to the common parking place where the vehicles can be parked on the west side.
5. The suggestion that had earlier been made that the parking place itself could be shifted closer to the museum block seems to be unviable as the said museum block is located on the far east side of the Udyan and creation of a parking place at that position or location would result in further felling of trees. The parking place chosen by the AMC is an already existing parking place which was earlier used by certain institutions prior to the said Udyan being handed over to the CIDCO authorities and then transferred to the AMC. We have, therefore, expressed an opinion that let there be no special VIP entry in the said Udyan and let there be only two entry/exit points which are already existing for entry of visitors and vehicles from gate no.1 on the southern side and exit of the visitors and the vehicles from the parking place through the exit gate which is on the northern side which can be 3/6 ::: Uploaded on - 04/12/2021 ::: Downloaded on - 04/12/2021 23:58:37 ::: 934-pil-95-2019.odt said to be gate no.2. The AMC is called upon to delete the VIP entry on the south-east side and instead have only one entry and one exit, gates.
6. We appreciate the spirit in which the AMC has accepted our suggestion of halting the further construction of the food court for the time being in order to search for an option closer to the museum. We wish that the cafeteria should be located at such a place that those who enter the Udyan to visit the memorial, will enjoy the greenery, the walking tracks and would enjoy the cafeteria which is close to the museum. This being a suggestion, responses from the petitioner as well as the respondents and the Committee of three advocates, are welcome.
7. Until further orders, we record that there should be no further felling (chopping) of trees. Plantation in accordance with the suggestions of the landscapers or the expert body in order to increase the greenery, is welcome. The committee of three learned advocates have expressed in their report that the plantation of trees done in plot no.22 is in excellent condition and it would be extremely appreciable if such plantation is carried out in all the plots, so as to increase the greenery to the maximum extent. Similar is the compliment expressed by the committee as regards the plantation done and the condition in which the trees are nurtured in plot nos.17, 37, 38 and 39.
8. In plot no.6, the committee has found some old housing 4/6 ::: Uploaded on - 04/12/2021 ::: Downloaded on - 04/12/2021 23:58:37 ::: 934-pil-95-2019.odt quarter which is very close to the proposed memorial. Since we have suggested that the VIP entry should be deleted, we would expect the said quarter which is said to be used by a gardener, is not continued for the reason that tomorrow, it is unpredictable as of now, the gardeners would insist on further hutments to be created in that area. The photographs placed on record by the petitioner indicate that some one occupying the place is even breeding cattle. The AMC needs to clear the garden of all these structures and cattle.
9. We would also suggest to the AMC to have planned rain water harvesting so as to ensure that the rain water feeds the trees in the said area and excess water gets accumulated in the natural lake available so as to be maintained in clean condition for the purpose of reuse, keeping in view that this region has defcit rainfall and the rainy season is just about one and a half or two months. The need of water for the citizens and for maintaining the gardens in the Aurangabad city becomes desperate in the months from March till July of each year and thousands of tankers have to be used for supplying water, that too at sky rocketing rates. It would be a tragedy if rain water is wasted and eventually the AMC has to purchase the water from the months of March to July of each year to water the green belt.
10. The Committee has noticed that the bridge in between plot no.32 and plot no.29, at the corner of plot no.40, is an old bridge. We fnd that the AMC is planning to utilize the existing foot pathway since the pathway besides the lake is not feasible as there are several trees 5/6 ::: Uploaded on - 04/12/2021 ::: Downloaded on - 04/12/2021 23:58:37 ::: 934-pil-95-2019.odt standing and all of them will have to be cut down. An old pathway in plot no.40 with a width of approximately 16 feet starts at a distance of about 30 to 40 feet from the bridge shown in the map and close towards the southern side till plot no.28. On both sides of the newly constructed pathway, there are old trees and newly planted shrubs and plants. A kacha road passes through these plots to connect to the concrete road in plot no.40 on the east side. It connects plot no.27 on one side which ultimately reaches the road closer to entry gate no.1. Since this aspect is not found in the map, we would call upon the AMC to prepare a new map to be shown to us on the next date to suggest whether this is going to be a fnal path.
11. The Divisional Commissioner, Aurangabad has graciously taken the eforts of visiting the Priyadarshani Udyan and has submitted the report in a sealed envelope through the learned Government Pleader of this Court. We would be perusing the said report and we would utilize the same as we deal with this PIL on the next date. The Committee of the three learned advocates is at liberty to visit the premises so as to become more conversant with the topography and to make suggestions, if any.
12. We are listing this PIL at 02.30 pm on 08.12.2021.
(S.G. MEHARE. J.) (RAVINDRA V. GHUGE, J.) Mujaheed// 6/6 ::: Uploaded on - 04/12/2021 ::: Downloaded on - 04/12/2021 23:58:37 :::