Bombay High Court
Ashok S/O. Motilal Saraogi vs The State Of Maharashtra And 4 Ors on 5 July, 2019
Author: G. S. Patel
Bench: S. C. Dharmadhikari, G. S. Patel
914--WPL.983.2019+.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO.983 OF 2019
Ali Mohammed } Petitioner
versus
The State of Maharashtra & Anr. } Respondents
WITH
WRIT PETITION (L) NO. 1223 OF 2019
Mumtaz Ahmed Dost Mohammed }
Sheikh and Ors. } Petitioners
versus
The Municipal Corporation of }
Greater Mumbai and Ors. } Respondents
WITH
WRIT PETITION NO. 1681 OF 2015
WITH
CHAMBER SUMMONS NO. 263 OF 2015
WITH
NOTICE OF MOTION NO. 151 OF 2019
WITH
NOTICE OF MOTION NO. 212 OF 2019
WITH
CHAMBER SUMMONS (L) NO. 196 OF 2019
Sadik Ali Mohammed Ali Noorani } Petitioner
versus
The State of Maharashtra and Ors. } Respondents
WITH
WRIT PETITION NO. 2342 OF 2015
WITH
NOTICE OF MOTION (L) NO. 476 OF 2018
WITH
NOTICE OF MOTION (L) NO. 296 OF 2019
Ashok s/o. Motilal Saraogi } Petitioners
versus
The State of Maharashtra and Ors. } Respondents
WITH
PUBLIC INTEREST LITIGATION (L) NO. 57 OF 2019
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Mr.Akashi Singh i/b. Mr.A.M.Saraogi for the Petitioner in
WPL/983/19.
Mr.A.M.Saraogi-petitioner-in-person in WP/2342/2015-
absent.
Mr.S.S.Lanke for the petitioner in WP/1681/2015 and for
respondent no.4 in WP/2342/2015.
Mr.Pramod K.Bhosale i/b. Mr.Sharad K. Bhosale for the
petitioner in WPL/1223/2019.
Mr.Amit Shastri-AGP for State in WPL/983/2019.
Mr.R.J.Mane-AGP for State in WP/1681/2015 and
WP/2342/2015.
Mr.H.B.Takke-AGP for State in PILL/57/2019.
Ms.Rupali Adhate for the Municipal Corporation.
Mr.P.G.Lad with Ms.Aparna Murlidharan for MHADA in
WP/1681/2015 and for respondent nos. 2 and 5 in
WP/2342/2015.
Mr.A.G.Damle-Senior Advocate with Mr.Rajesh Singh,
Ms.Priti Mahajan, Mr.Rahul Singh, Mr.Karan Mehta,
Mr.Amit Jalgaonkar, Mr.Ashish Singh and Mr.S.R.Pathak
for the applicants in NMW/151/2019.
Mr.G.R.Dwivedi for the applicant-in-person in
CHSWL/196/2019.
Mr.Janak Dwarkadas-Seniior Advocate with Mr.Kari
Tamboly and Mr.Devashish Jagirdar i/b. M/s.Jaykar and
Partners for the petitioner in PILL/57/2019.
Mr.Sachin G. Kakade-Assistant Engineer (Maintenance),
A/Ward present.
Mr.Manish Salve-Executive Engineer (B and F), A/Ward
present.
Mr.Nilesh R. Toraskar-Road Engineer (Maintenance),
A/Ward present.
Mr.Deep Bidave-Senior Architect (Heritage) Development
Plan present.
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CORAM :- S. C. DHARMADHIKARI &
G. S. PATEL, JJ.
DATED :- JULY 5, 2019 P.C. :-
1. After the earlier order was passed, Mr.Lad has placed before the court photographs demonstrating the safety measures taken till date. He says that there are enough barricades and there is a segregation at site enabling the pedestrians to move without any obstacles to the vehicular traffic. Vehicular movement starts from the point where the movement of the pedestrians ends. In these circumstances, he would submit that the measures required so as to protect the motorists and pedestrians have been put in place.
2. After perusing the photographs, which are taken on record and marked as 'X' so also the plan which is prepared by the Maharashtra Housing and Area Development Authority (MHADA). We are not satisfied that these are adequate safety measures. A netting will have to be put in place so as to cover the upper portion. That is adequately set out in our earlier orders.
We expect such measures from top to bottom so that the road facing and virtually hanging balcony does not fall directly on the road. It is conceded before us by Mr.Lad that in the event of any collapse or fall of such portions, the debris will directly come on Page 3 of 5 J.V.SALUNKE,PS ::: Uploaded on - 09/07/2019 ::: Downloaded on - 13/07/2019 05:33:48 ::: 914--WPL.983.2019+.doc the road. In these circumstances, he would submit that further safety measures, such as providing a net, would be explored by 12th July, 2019. This court would notice total safety measures at site. Meaning thereby, the structure would be covered entirely and neither the whole of it nor any portion thereof would then fall on the road.
3. It is our primary concern that in this rainy season, there is no untoward incident, much less serious incident apprehended by all. Therefore, we do not take up other proceedings at this stage, but defer them.
4. Now, an affidavit will be filed by the Executive Engineer of the Mumbai Building Repair and Reconstruction Board a unit of MHADA. That be filed on or before 10th July, 2019 with advance copy served on all parties to the proceedings. We would expect a representative of the Joint Commissioner of Police (Traffic) to visit the site and apprise the Joint Commissioner of the safety measures so that the traffic police regulates the traffic movement accordingly. It would be better if any meeting is convened by the Board of MHADA where the representatives of the Municipal Corporation and the Joint Commissioner of Police (Traffic) are present.
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5. Stand over to 12th July, 2019.
(G.S.PATEL, J.) (S.C.DHARMADHIKARI, J.) Page 5 of 5 J.V.SALUNKE,PS ::: Uploaded on - 09/07/2019 ::: Downloaded on - 13/07/2019 05:33:48 :::