Bombay High Court
Shrihari Anant Shidore And Others vs The Commissioner / Administrator And ... on 2 May, 2024
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
PIL-34-2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
PUBLIC INTEREST LITIGATION NO. 34 OF 2022
WITH
PUBLIC INTEREST LITIGATION NO. 20 OF 2021
WITH
CIVIL APPLICATION NO. 8332 OF 2022
IN PIL/34/2022
WITH
CIVIL APPLICATION NO. 3382 OF 2024
IN PIL/34/2022
Shrihari Anant Shidore And Others
VERSUS
The Commissioner /administrator And Others
...
Mr. A. A. Mudkhedkar - Party in-person a/w Mr. S. S. Deshmukh, Amicus Curiae, Advocate for the Petitioner Mr. S. S. Tope, Advocate for Respondent Nos. 1 to 4 Mr. A. B. Girase, GP for Respondent Nos. 5, 8 to 10 Mr. R. S. Deshmukh, Senior Advocate i/by Mr. Vinod Patil, Advocate for Respondent No. 6 Mr. S. B. Deshpande, Senior Advocate i/by Mr. D. S. Manorkar, Advocate for Respondent No. 11 Mr. A. G. Talhar, DSGI for Respondent Nos. 12 & 14 Mr. A. S. Bajaj, Advocate for Respondent No. 13 Mr. R. N. Dhorde, Senior Advocate i/by Mr. S. N. Suryawanshi, Advocate for Respondent No. 15 ...
CORAM : RAVINDRA V. GHUGE &
R. M. JOSHI, JJ
DATE : MAY 02, 2024
PER COURT :
1. The learned GP has placed on record the report pertaining to the meeting of the High Court constituted Committee, which was held on 19.04.2024, with a covering letter dated 25.04.2024 (37 pages). The said Page 1 of 6 PIL-34-2022.odt compilation is taken on record and marked as 'X-40' for identification.
2. After hearing for a considerable time on various aspects on the project, it is obvious to us from the report, which contains the submissions by the executing agency, the remarks by the MJP/PMC and the directions given by the Committee, that the progress of the project has slowed down considerably. The learned Senior Advocate Mr. Dhorde submits that there are several factors which, in the current situation, have contributed for slowing down of the work. The learned Amicus Curiae submits that once the rainy season starts, there are bound to be several obstacles and the project contractor would get an easy excuse to say that the project is being delayed because of the rains.
3. We do find that the project contractor has given us various assurances on numerous occasions. Not on a single occasion, has the contractor been able to keep his word or the assurance. Nevertheless, since this water pipeline project is a lifeline for the residents of the Aurangabad City, we have been accepting various reasons put forth by the contractor Page 2 of 6 PIL-34-2022.odt for the delay caused and we have been condoning the delay only with the larger objective in focus that some day the residents of Aurangabad would be able to receive potable water, if not on daily basis, at least once in two days as against the present condition of water being supplied once in six days during the rainy and winter season and practically once in eight to nine days during summer season.
4. There are untold miseries which are being suffered by the residents of this town. The plight of the residents cannot be described in words. It would only be by deeds of the project contractor and all coordinating agencies which are the part of the project, that one day water would reach the residents of the Aurangabad City and their sufferings of the severe shortage of the water supply would end. Time and again, we have recorded our displeasure that, though the project contractor does have reasons to suggest that there are many obstacles, it cannot be disputed that this Court has been encouraging the project contractor at every stage vide our orders over the last two years.
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PIL-34-2022.odt
5. We are told that this matter may have been heard on 75 to 80 dates, which would indicate that we have always shown our concern for the project being completed and it is with this object that we have been encouraging the project contractor. However, the project contract ought not to carry an impression that we would be silent spectators for the delay being caused. As is contended by the learned Amicus Curiae that the time has come for us to pass orders for de- scoping the project and allot works to the additional sub contractor, we would keep this suggestion as an option open to us, provided we are compelled and driven to such stage that we have no other option but, to take recourse to this suggestion.
6. Though we are recording our displeasure in the foregoing paragraphs, we deem it appropriate to record our deep sense of satisfaction about the appropriate steps taken by the learned Senior Advocate Shri. Dhorde. He represents the project contractor and we find that he has been very strict with the said contractor for ensuring that the object of this project is achieved and water is supplied to the residents at Page 4 of 6 PIL-34-2022.odt least once in two days. We also record that the learned Senior Advocates and Advocates, representing various authorities, have dedicated themselves in ensuring that this project progresses. Innumerable difficulties have been overcome, by the local administration, police, NHAI and the Municipal Corporation (whose excuses do not seems to exhaust, as to why they cannot supply water once in four days).
7. It is in the light of the above that we have decided to visit the various segments of this project on 14.05.2024, at 07.00 am, as per the suggestion of the learned Senior Advocate Shri. Dhorde. We would be reaching Nakshatrawadi point and thereafter, Shri. Dhorde and his team would be taking us to inspect the spots which are part of the project. Shri. Girase, the learned GP, the learned Senior Advocate Shri. Deshmukh, the learned Senior Advocate Shri. Deshpande & the learned Amicus Curiae may plan to show relevant spots. The Members of the High Court Constituted Committee are requested to make it convenient to come along with us during this inspection.
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8. We however make it clear to the local administration and the police authorities that the Bidkin road diversion, as ordered in our order dated 16.04.2024, should be functional by 05.05.2024, though they have already missed the deadline of 21.04.2024. We are conscious that the said diversion would not be used only on the polling day, 13.05.2024.
9. At the request of the learned Advocates appearing on behalf of the various authorities, the hearing in this matter is being scheduled in vacation, on 07th June, 2024 at 11.00 am.
10. We request the learned Registrar (Judicial) to communicate to the Registry at Mumbai, for seeking permission of the Hon'ble The Chief Justice of the High Court of Bombay, for holding such Court hearing only in this matter.
(R. M. JOSHI, J) (RAVINDRA V. GHUGE, J) Malani Page 6 of 6