Bombay High Court
Owais Anwar Pechkar vs The State Of Maharashtra Thr The ... on 31 August, 2023
2023:BHC-AS:25032-DB
5-PIL-129-2023
Pdp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO. 129 OF 2023
Owais Anwar Pechkar .. Petitioner
Versus
The State of Maharashtra & Ors. .. Respondents
Mr. Owais Anwar Pechkar, petitioner-in-person, present.
Mr. P. P. Kakade, Government Pleader a/w Mr. M. M. Pabale,
AGP for respondent no.1-State.
Mr. Nitesh Bhutekar a/w Mr. Aniket Nangare for respondent
nos.2 to 6.
CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. &
ARIF S. DOCTOR, J.
DATE: 31st AUGUST, 2023
P.C.:
1. Heard the petitioner-in-person and Shri Nitesh Bhutekar, learned counsel representing the Maharashtra State Road Transport Corporation (hereinafter referred to as "the Corporation").
2. Having regard to the facts presented before us in this Public Interest Litigation petition, we noticed, in our earlier order dated 18th August, 2023, that they were concerned in respect of delay being caused in constructing the Bus Stands at Ratnagiri, Lanja and Chiplun in Ratnagiri District. The work relating to construction of Bus Stands at these places ought to have been completed much earlier, however, it appears that on account of several factors, some of which can be attributed 1 ::: Uploaded on - 31/08/2023 ::: Downloaded on - 01/09/2023 05:56:05 ::: 5-PIL-129-2023 to lack of interest on the part of the authorities of the Corporation, the construction could not be completed.
3. We, thus, required by our order dated 18th August, 2023 that an affidavit be filed by the Managing Director of the Corporation giving timeline for completion of construction work of all the three Bus Stands. We had also required that the Managing Director of the Corporation while chalking out the timeline for completion of construction of the Bus Stands, shall also take into account the fact that adequate facilities of Bus Stand are not available at the said places since long and accordingly the facilities are required to be provided at the earliest possible.
4. In deference to our order dated 18th August, 2023, an affidavit has been filed by the Vice Chairman and Managing Director of the Corporation giving reasons why the construction work could not be completed in time. In paragraph 6 of the said affidavit timeline for completion of work at different Bus Stands has also been given. Paragraph 6 of the said affidavit is extracted herein-below:
"6. In view of the directions of Hon'ble Court I submit a roadmap giving timeline for completing of reconstruction work all the three Bus Depot in Ratnagiri District.
Timeline For The Work of Construction of Lanja Bus Station Particular Required Time period in months
1. Project Revised Approvals Up to 31st August 2023
2. Tender Publication Up to 15th Sept 2023 2 ::: Uploaded on - 31/08/2023 ::: Downloaded on - 01/09/2023 05:56:05 ::: 5-PIL-129-2023
3. Tender Acceptance, Scrutiny Up to 30th Oct 2023 & Evaluation
4. Issue of Work order & Up to 30th Nov 2023 Agreement
5. Work Commencement of, Up to 1 March 2024 substructure construction finishing, Column Superstructure
6. Floor beam & 1st Slab Up to 30th June 2024
7. Brick work, Internal Plaster, Up to 28th Feb 2025 External Plaster, flooring, window Door Fitting, Painting etc. other Internal works Work will be completed in February 2025 Total Twenty Months Timeline For The Work of Construction of Ratnagiri Bus Station Particular Required Time period in months
1. Termination of Current Up to 30th Sept 2023 Contract
2. Project Approvals Up to 30th Oct 2023
3. Tender Publication Up to 30th Nov 2023
4. Tender Acceptance, Scrutiny Up to 31st Dec. 2023 & Evaluation
5. Issue of Work order & Up to 15th Jan 2024 Agreement
6. work Commencement of, Up to 15th May 2024 substructure construction finishing, Column Superstructure
7. Floor beam & 1st Slab Up to 30th Aug 2024
8. 2nd Slab Up to 01st Jan 2025 3 ::: Uploaded on - 31/08/2023 ::: Downloaded on - 01/09/2023 05:56:05 ::: 5-PIL-129-2023
9. 3rd Slab Up to 30th March 2025
10. Brick work, Internal Plaster, Up to 15th Jan 2026 External Plaster, flooring, window Door Fitting, Painting etc. other Internal works Work will be completed in January 2026 Total Thirty Months Timeline For The Work of Construction of Chiplun Bus Station Particular Required Time period in months
1. Work Commencement Completed substructure construction finishing, Column Superstructure, Floor beam
2. Slab Casting Up to 30th Nov 2023
3. Brick work, Internal Plaster, Up to 30th April 2024 External Plaster, flooring window Door Fitting, painting etc. other Internal works, Developing and Hardening Work will be completed in April 2024 Total Twenty four Months
5. On perusal of the timeline given by the Corporation for completion of construction work, what we find is that the time period can be reduced, however, such reduction of time needs to be considered by the authorities of the Corporation.
6. We, thus, dispose of the PIL petition with a direction to the Corporation to complete the construction of the Bus Stands at the above places at the earliest. The authorities of 4 ::: Uploaded on - 31/08/2023 ::: Downloaded on - 01/09/2023 05:56:05 ::: 5-PIL-129-2023 the Corporation shall revisit the timeline as disclosed in the affidavit filed today by the Vice Chairman and Managing Director of the Corporation.
7. In any case, the construction work shall be completed well within the timeline as disclosed in the said affidavit. The authorities, as observed above, shall make all possible endeavours to reduce the time period which may be needed for completion of the construction work.
(ARIF S. DOCTOR, J.) (CHIEF JUSTICE)
Digitally
signed by
PRAVIN
PRAVIN DASHARATH
DASHARATH PANDIT
PANDIT Date:
2023.08.31
17:42:52
+0530
5
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