Bombay High Court
Shri. Parshuram Prabhakar Uparkar vs Union Of India And Ors on 4 November, 2020
Author: G. S. Kulkarni
Bench: K.K. Tated, G. S. Kulkarni
Vidya Digitally signed
by Vidya S.
Amin
S. Date:
2020.11.06
Amin 11:46:29 +0530
6.PILSt.94960_2020.doc
Vidya Amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION (ST.) NO. 94960 OF 2020
Parshuram Uparkar ... Petitioner
vs.
Union of India & Ors. ... Respondents
Mr. Tejas Dande i/b. Tejesh Dande & Associates for the
petitioner.
Ms. R.A. Salunkhe, AGP for the State.
CORAM :- K.K. TATED &
G. S. KULKARNI, JJ.
DATE :- NOVEMBER 4, 2020 PC :-
1. Heard Mr. Dande, learned counsel for the petitioner.
2. The grievance as raised in this Public Interest Litigation is in regard to slow progress of the work on the National Highway No. 66, namely, the Mumbai-Goa Highway from Kalmath-Zarap section.
3. Mr. Dande submits that respondent nos. 7 and 8 are the contractors, who came to be appointed to undertake the work for this section. According to him, the contractors have not been diligent in undertaking the work, not only on the slow progress of the work but also in regard to the quality. Mr. Dande has drawn our attention to the letter dated 31 st July, 2020 of the Public Works Department addressed to the Superintendent Engineer, National Highway Circle, Konkan Bhavan, Navi Mumbai, which records the authority's Page 1 of 3
6.PILSt.94960_2020.doc observation as under:
"For above incidences in onion of representative of Authority it is observed that concessionaire/IE failed to take necessary action of strengthening the staging of cantilever portion of girder slab. The staging was erected more than 30 days back. Before starting concreting of cantilever fange, it must have been checked by concessionaire & IE. Bridge engineers of Concessionaire and Independent Engineer has not checked the centering property and necessary precautionary & safety measures has not taken after the incidence of accidental impact of container. After incidences of 13.07.2020, collapse of some portion of RE wall, it was strictly instructed to stop the fyover work and make necessary safety arrangement, drainage works, temporary restoration of damaged RE wall portion, 24 hours monitoring of fyover and RE wall portion. It shows defaults, lapses and negligence in executing the work and perform the duties from Concessionaire and Independent Engineer, Concessionaire & IE are responsible for this incidence. Action of Black listing/Termination of Independent Engineer shall be moved rapidly. Serious action/penalties concessionaire needs to be imposed."
4. The grievance of the petitioner is that if such is the report and already an action is initiated, it is not in public interest that defective work should be tolerated and necessary action is required to be taken by the authorities to see that the work of this important highway is excuted in a proper and acceptable manner as per the standards, when public money is at stake.
5. Mr. Dande states that he had efected email service on the respondents yesterday. In our opinion, the service is too short. Considering the nature of the grievance as raised in the PIL, it is appropriate that all the respondents are served physical copies of the petition so that they can respond to the petition.
Page 2 of 36.PILSt.94960_2020.doc
6. To enable Mr. Dande to efect service on the respondents, stand over to 26th November, 2020. Afdavit of service be placed on record. The respondents are at liberty to file reply-afdavit, if they so desire.
7. Parties are put to notice that on the adjourned date of hearing, the Court shall take up hearing of the petition for the interim reliefs.
8. A copy of the order be also forwarded along with the notice to the respondents.
9. This order will be digitally signed by the Private Secretary of this court. All concerned will act on production by fax or e-mail of a digitally signed copy of this order.
(G. S. KULKARNI, J.) (K.K. TATED, J.)
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