Bombay High Court
Sanjay Bhaskar Kale vs The State Of Maharashtra And Others on 15 October, 2018
Bench: Prasanna B. Varale, Manish Pitale
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
PUBLIC INTEREST LITIGATION NO. 125 OF 2018
Sanjay Bhaskarrao Kale Petitioner...
Versus
The State of Maharashtra & Ors. Respondents...
..........
Ms Talekar i/b Talekar And Associates, Advocate for the petitioner
Mrs A. V. Gondhalekar, AGP for respondents No. 1 and 3
Mr N. R. Bhavar, Advocate for respondent No. 2
.............
CORAM : PRASANNA B. VARALE &
MANISH PITALE, JJ.
DATE : 15TH OCTOBER, 2018.
ORAL ORDER:-
1. Heard Ms Pradnya Talekar, learned counsel for the petitioner, who has filed the present Public Interest Litigation. The grievance of the petitioner prompted the petitioner to file the present petition, is referred to in our order dt. 08.10.2018. Ms Talekar, learned counsel also submitted that, the petitioner is bona fidely interested to see that the proper arrangements are made by the District Administration to control the situation at Shirdi on special occasions such as Diwali festival & New Year, when large number of devotees visit Shirdi for Darshan.
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2. On the earlier date, we had directed the Sansthan and the authorities of the District Administration to file their replies.
3. Mr Bhavar, learned counsel appearing for respondent No. 2-Sansthan invited our attention to the detailed reply filed through the Chief Executive Officer of Shree Saibaba Sansthan Trust (Shirdi). It may not be necessary to refer to certain orders passed by this Court in other writ petitions. Suffice it to state that, by order dt. 05.04.2016, the Division Bench of this Court permitted the Sansthan to go on with the re-development project. The order passed by the State Government dt. 16.02.2018 is placed on record, whereby the State Government grants administrative approval for the work of Darshan queue and other ancillary work. It seems that, the tender was floated by the Sansthan and it was also subject matter before this Court in Writ Petition No. 6506 of 2018. The Division Bench of this Court vide order dt. 21.08.2018 passed in Writ Petition No. 6506 of 2017 observed in clear words that, it would be open for the respondents to proceed with the tender process and there shall be no bar for finalization of the process of award of contract and execution of the said work.
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4. Mr Bhavar, the learned counsel for respondent/Sansthan submitted before us that, the Sansthan has prepared a detailed plan and invited our attention to those details, according to us, it would be useful to refer to some of these details.
5. It is stated in para 5 of the affidavit-in-reply filed on behalf of the Sansthan that, initially, the Government of Maharashtra, Law & Judiciary Department by issuing Government Resolution dt.22.10.2013 has constituted an Action Plan Committee consisting of Hon'ble Chief Minister of Maharashtra as Chairman, Hon'ble State Minister for Law & Judiciary Department, the Additional Chief Secretary (Revenue), Principal Secretary, Law & Judiciary Department, Principal Secretary of Finance, Principal Secretary of Urban Development, Principal Secretary of Energy, Principal Secretary of Public Works Department, Principal Secretary of Water Supply & Sanitation, and Principal Secretary (Transport) as members. Later on, the Government o Maharashtra, Law & Judiciary Department by issuing another Government Resolution dated 25.02.2014 included Member of Legislative Assembly, Shirdi in the Action Plan Committee. Furthermore, the Government of Maharashtra by issuing Government Resolution dated 31.07.2015 also appointed Shri. Anil Diggikar, Managing Director, Maharashtra ::: Uploaded on - 16/10/2018 ::: Downloaded on - 17/10/2018 02:22:54 ::: 4 Sr39PIL125.2018 State Road Development Corporation as Adviser of Shri Saibaba Sansthan Trust and then by issuing Government Resolution on 09.08.2017 included the Hon'ble Guardian Minister of Ahmednagar District and Member of Maharashtra Legislative Assembly from Kopargaon Constituency in the Action Plan Committee. There is also a Government Resolution dt. 20.02.2016 whereby the Law & Judiciary Department, Government of Maharashtra constituted a Action Plan Sub-Committee consisting of the Chief Secretary to the Government of Maharashtra as President and the Additional Chief Secretary of Finance, Additional Chief Secretary of Planning Department, Principal Secretary of Revenue, Principal Secretary of Water Supply & Sanitation, Principal Secretary of Urban Development & the Secretary of Law & Judiciary Department, as members. The copies of the Government Resolutions dt. 22.10.2013, 25.02.2014, 31.07.2015, 09.08.2017 and 20.02.2016 are annexed to the affidavit-in-reply.
6. It is stated in para 12 of the affidavit-in-reply filed on behalf of the Sansthan that, with a view to avoid inconvenience to the devotees visiting Shirdi for attending Shree Saibaba Shatabdi Mahotsav (Centenary) at Shirdi during period 17.10.2018 and 19.10.2018, to have proper crowd management and as an abundant ::: Uploaded on - 16/10/2018 ::: Downloaded on - 17/10/2018 02:22:54 ::: 5 Sr39PIL125.2018 precaution, the answering respondent has erected temporary structures thereby installing Tensile Fabric Sheds/Pandals for Darshan Queue and that too as per the provisions contained in Disaster Management Scheme. The answering respondent is providing water, tea and biscuits to the devotees in the said Darshan Queues free of cost. It is also stated in the said para that, it provides Bundi packets and Udi to the devotees on exist gate after having offered prayers to Shri Saibaba. The answering respondent has also installed temporary 12 Biometric Darshan Pass Counters in old Darshan Pass Cabin at Old Prasadalaya, 5 Darshan Pass Counters near Sai Udyan and 1 Darshan Pass Counters at Sai Complex and Cloak Rooms for mobiles and shoes at different places. The answering respondent with a view to have crowd management has kept separate & wide road to reach Biometric Darshan Pass Counters. Further, the answering respondent has also installed Darshan Pass Counters at Sai Ashram, Saibaba Bhaktaniwas, Sai Dharmashala, Dwarawati and Shirdi Bus stand. Apart from above, the answering respondent has also constructed 21 feet wide pathway in front of Sulabh Shouchalaya and 12 feet wide pathway behind Sulabh Shouchalaya for the devotees to go to Shree Saibaba Temple from Darshan Pass Counters. It is further stated in the said affidavit that, in order to provide temporary accommodation to the devotees during ::: Uploaded on - 16/10/2018 ::: Downloaded on - 17/10/2018 02:22:54 ::: 6 Sr39PIL125.2018 Shatabdi Mahotsav, the answering respondent has erected tin sheds and pandals (tadpatri sheds) on the lands belonging to private persons as well as Maharashtra State Farming Corporation. It is further stated that, the answering respondent has also made arrangement for parking at 11 places. Then it is also stated that, as an abundant precaution, the answering respondent has also made arrangement for Refugee Camp for emergency in lands bearing survey No. 54 and 55 on New Pimpalwadi Road. Furthermore, the answering respondent has also made arrangement of temporary pandal for Nivara and Waiting Area in land Survey No. 169/12 on Nagar-Manmad road. (emphasis supplied).
7. Then it is stated in para 13 of the affidavit-in-reply filed by Sansthan that, so far as the security measures are concerned, the Collector, Ahmednagar, who is the Chairman of District Disaster Management Committee, vide order dt.09.10.2018 provided 30 R. land from Survey No. 1/2 in front of Gate No. 4 of Shree Saibaba Temple to the answering respondent for erecting Darshan Pass Counters for Old aged and handicapped persons, pregnant women and other devotees. The copy of the said order is annexed to the affidavit-in-reply at Exh. R-8. Along with the affidavit-in-reply, the graphic details are provided to this Court by annexing site plans, ::: Uploaded on - 16/10/2018 ::: Downloaded on - 17/10/2018 02:22:54 ::: 7 Sr39PIL125.2018 Road position, Queue arrangement and also photographs are annexed to the affidavit-in-reply making it clear that major work of the tin sheds, pandals, Biometric pass counters, the traffic arrangements, covered area with the canvass sheets i.e. temporary pandals for Niwara and awaiting area, is completed. The photograph of this Niwara shed at Bhaktaniwas shows that, even this area is covered with a good quality shed and making sufficient place to accommodate the devotees.
8. Mr Ravindra S/o. Chindhu Thakare, Sub-Divisional Officer, Shridi, Dist.Ahmednagar has also filed affidavit-in-reply. It is stated in paragraphs 6, 7 and 8 of the said affidavit-in-reply which read as under :
6. I say that, Shree Saibaba Sansthan Trust (Shirdi) is conducting Shri Saibaba Shatabdi Mahotsav (Centenary) at Shirdi w.e.f. 01.10.2017 to 19.10.2018.
I say that, the Collector, Ahmednagar is the Chairman of District Disaster Management Authority, Ahmednagar and I am submitting affidavit on behalf of him. Taking into consideration large number of devotees/crowds for attending Shri. Saibaba Shatabdi Mahotsav (Centenary) at Shirdi, the answering respondent by exercising the powers conferred U/sec. 34 of the Disaster Management Act, 2005, vide order dated 11.09.2017 delegated the powers to the Sub- ::: Uploaded on - 16/10/2018 ::: Downloaded on - 17/10/2018 02:22:54 :::
8 Sr39PIL125.2018 Divisional Officer, Shirdi for period from 01.10.2017 & 19.10.2018 by Collector and Chairman, Disaster Management Authority, Ahmednagar for providing better faciliteis to the devotees, crowd management and taking all required steps for disaster management etc. I say that, by the said order dated 11.09.2017, the answering respondent also directed the Sub-Divisional Officer, Shirdi to make Disaster Management Plan with coordination of different Departments of Shree Saibaba Sansthan Trust (Shirdi) and include Disaster Management Plan in the plan/scheme prepared by Shree Saibaba Sansthan Trust (Shirdi) to have proper implementation of Disaster Management Plan. The answering respondent also permitted the Sub- Divisional Officer, Shirdi to depute the employees/Officers working under his control. The copy of the order dated 11.09.2017 issued by the answering respondent is annexed at Exh. R-4(II).
7. I say that, similarly, the answering respondent by exercising the powers conferred to him U/sec. 34 & 65 of the Disaster Management Act, 2005, vide order dated 21.08.2018 also appointed the Tahsildars of Kopargaon, Shrirampur, Sangamner, Newasa, Rahuri, Rahata & Akole, Block Development Officers of Panchayat Samitis of Newasa, Kopargaon, Sangamner, the Assistant Block Development Officer, Panchayat Samiti, Rahuri, Sub-Divisional Officer, Shridi, and the Deputy Superintendent of Police, Shridi as Co- ordination Officers, for providing facilities to the ::: Uploaded on - 16/10/2018 ::: Downloaded on - 17/10/2018 02:22:54 ::: 9 Sr39PIL125.2018 devotees at Sirdi and its surrounding areas, better crowd management and for preparation & proper implementation of Disaster Management Plan. The answering respondent has also appointed various employees/officers from different Departments viz. Public Works Department, Police Department, Health Department, Food Safety Department, Electricity Board, B.S.N.L., Talathis, Circle Inspectors etc. as Assistant Co-ordination officers for proper implementation of Disaster Management Plan under the supervision of the Sub-Divisional Officer, Shridi. The above appointments are made for the periods from 27.08.2018 to 03.09.2018 and 07.10.2018 to 21.10.2018. The copy of the order dated 21.08.2018 issued by the answering respondent is annexed at Exh. R-4(III).
8. I say that, apart from above, the answering respondent vide order dated 09.10.2018 has also allowed & provided 30 R. land from Survey No. ½ in front of Gate No. 4 of Shri. Saibaba Temple to the answering respondent for erecting Darshan Pass Counters for Old aged & handicapped persons, pregnant women and other devotees. The copy of the order dated 09.10.2018 issued by the answering respondent is annexed at Exh. R-4(IV).
9. The statements in para 7 of the affidavit-in-reply of Sub- Divisional Officer, Shridi, takes care of the apprehension expressed by ::: Uploaded on - 16/10/2018 ::: Downloaded on - 17/10/2018 02:22:54 ::: 10 Sr39PIL125.2018 Ms. Talekar, learned counsel for the petitioner. It is stated in clear and unambiguous words that, the authorities by exercising the powers under the Disaster Management Act appointed Tahsildars of Kopargaon, Shrirampur, Sangamner, Newasa, Rahuri, Rahata & Akole, Block Development Officers of Panchayat Samitis of Newasa, Kopargaon, Sangamner, the Assistant Block Development Officer, Panchayat Samiti, Rahuri, Sub-Divisional Officer, Shridi, and the Deputy Superintendent of Police, Shridi as Co-ordination Officers for providing facilities to the devotees at Shirdi and its surrounding areas, better crowd management and for preparation & proper implementation of Disaster Management Plan. Necessary orders are placed along with the affidavit-in-reply and one of such orders is annexed to the affidavit-in-reply at Exh. R-4(IV), wherein the powers are delegated to the SDO with a specific purpose of looking after the facilities to be provided to the devotees, crowd management and disaster management. It then also states about the coordination between the various authorities who are looking after the crowd management and are also playing their respective role in crowd management and Disaster Management.
10. The affidavit-in-reply filed by Mr Abhijeet Suresh Shivthare, Dy. Superintendent of Police, Shridi leaves no scope for doubt so as ::: Uploaded on - 16/10/2018 ::: Downloaded on - 17/10/2018 02:22:54 ::: 11 Sr39PIL125.2018 to say that the authorities are not looking into the matter seriously. It would be useful to refer to the statements made in para 7 of the said affidavit-in-reply, which read as under:
7. I say that, as per the schedule of events communicated to the answering respondent to be held by Shree Saibaba Sansthan Trust (Shirdi) particularly during period from 17.10.2018 to 19.10.2018, the answeing respondent by paying person visits to Shree Saibaba Temple, Shirdi Town and its surrounding areas, have conducted survey for the purposes of making required security arrangements during events. I say that, after survey, discussions and co-ordination with the offices of rthe Collector, Ahmednagarn, the Sub-Divisional Officer, Shridi, Municipal Council, Shirdi and the office bears of Shree Saibaba Sansthan Trust (Shirdi), the answering respondnet have deputed 08 Additional Superintendent of Police, 11 Deputy Superintendent of Police, 45 Police Inspectors, 158 Assistant Police Inspectors/Police Sub-Inspectors, and 1977 Police Constables (including 91 lady Police Constables) for the purposes of security arrangements, crowd as well as traffic management at Saibaba Temple, the site where Foundation Stone Laying Ceremony is to be held, Heliport, Airport, new Darshan Queue etc. along with all required articles viz. vehicles, Walky-Talky, Wireless Message Machine, H.H.M.D., D.F.M.D. Binoculars and Bomb Detection Squard etc. It is stated in other words, total 2199 Police Offices would ::: Uploaded on - 16/10/2018 ::: Downloaded on - 17/10/2018 02:22:54 :::
12 Sr39PIL125.2018 be deputed to look after security, traffic as well as crowd management at Shirdi.
10. I say that, other than the security being provided by the Police Department, Shree Saibaba Sansthan Trust (Shirdi) has its own Security Department and there are about 980 employees (130 permanent, 850 on contract basis) working in Security Department and Shree Saibaba Sansthan Trust (Shirdi) have also deputed its employees for the security and crowd management of devotees during Centenary Celebration during 17.10.2018 to 19.10.2018.
11. Furthermore, the answering respondent also kept reserved roads in case of any emergency. Furthermore, the answering respondent has also erected temporary control rooms, checking points and barricades at different places in Shirdi town so that vehicles can easily pass through internal roads.
12. Considering the above referred material in the form of affidavit-in-replies filed on behalf of respondent No. 2-Sansthan, Sub- Divisional Officer, Shirdi and Deputy Superintendent of Police, Shirdi, Dist. Ahmednagar, we are satisfied that all cautionary measures are taken by the authorities. They have prepared the action plan and also they are ready with the Disaster Management Scheme & Plan, in case any unfortunate situation arises. ::: Uploaded on - 16/10/2018 ::: Downloaded on - 17/10/2018 02:22:54 :::
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13. Though Ms Pradnya Talekar, learned counsel for the petitioner seeks issuance of directions to the respondent-authorities to implement the very Disaster Management Plan on the occasions like Diwali festival and New Year, we see no reason to issue such directions.
14. The authorities have exercised the powers and have taken all the necessary steps in consultation with the Shirdi Sansthan and we hope and trust, the authorities would rise to the occasion when such occasion demands and more particularly in the festive season of Deepawali and New Years.
15. With the above observations, we dispose of the Public Interest Litigation.
[ MANISH PITALE ] [ PRASANNA B. VARALE ]
JUDGE JUDGE
Punde
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