Kishore Mansukhani vs State Of Maharashtra And Ors on 3 July, 2024

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Bombay High Court

Kishore Mansukhani vs State Of Maharashtra And Ors on 3 July, 2024

Bench: Amit Borkar

                                                                  4-aspil72-2021.doc

 AGK
       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CIVIL APPELLATE JURISDICTION

         PUBLIC INTEREST LITIGATION NO.72 OF 2021

 Kishore Mansukhani                                  ... Petitioner
           V/s.
 The State of Maharashtra & Ors.                     ... Respondents

 Mr. Yatin Malvankar for the petitioner.
 Mr. P.P. Kakade, Government Pleader with Mr. O.A.
 Chandurkar, Additional G.P. and Mrs. R.A.
 Salunkhe, Additional G.P. for respondent No.1 -
 State.
 Mr. R.V. Govilkar, Senior Advocate with Ms.
 Priyanka Chavan and Ms. Shaba N. Khan for
 respondent Nos.2 & 3 - Union of India.
 Mr. Sagar Verma (through V.C.) with Mr. Adesh
 Jadhav i/by Mr. Sagar Ladda for respondent No.4.
 Ms. Anjali Chandurkar with Mr. D.J. Kakalia, Ms.
 Bhavna Singh Jaipuria and Mr. Paresh Patkar, i/by
 Mulla & Mulla & Craigie Blunt & Caroe for
 respondent No.5.
 Mr. Aseem Naphadewith Mr. D.J. Kakalia, Ms.
 Bhavna Singh Jaipuria and Mr. Paresh Patkar, i/by
 Mulla & Mulla & Craigie Blunt & Caroe for
 respondent No.6.


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

            DATED              : JULY 3, 2024


 P.C.:

1. Learned counsel for the petitioner has drawn our attention to a letter dated 18 May 2022 filed along with the affidavit-in-reply on behalf of respondent No.6.

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4-aspil72-2021.doc

2. The said letter has been addressed to the respondent No.6 by an independent agency, M/s. Aarvee Associates, appointed by the National Highway Authority of India. According to the said letter, it appears that out of total length of road of 140.35 km., provisional certificate for the length of 137 km. has been issued. The said provisional certificate also contains Punch Lists 'A' and 'B', which enlists outstanding works which the respondent No.6 was supposed to complete the same within 90 days / 180 days.

3. Learned counsel representing respondent No.6 has stated that the outstanding works enlisted in Punch List 'A' and 'B' have been completed, except at certain hindrance sites.

4. It is not clear as on today as to what is the state of rest of the stretch of the road, i.e., the stretch of 3.35 kms.

5. Accordingly, respondent No.6 is directed to file an affidavit stating therein as to the current status of the stretch of 3.35 kms., as also giving details of the outstanding works said to have been completed as enlisted in Punch List 'A' and 'B' appended to the provisional certificate. The respondent No.6, while filing affidavit, shall also indicate the minimum possible time-limit in which the construction of the entire stretch of the road shall be completed. Said affidavit shall be filed before the next date of listing.

6. Stand over to 18 July 2024.

           (AMIT BORKAR, J.)                        (CHIEF JUSTICE)



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