RAVINDRA v. GHUGE & Y. G. KHOBRAGADE, JJ. DATE
Legal Reasoning
*1* 1086pil34o22IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABAD1086 PUBLIC INTEREST LITIGATION NO. 34 OF 2022SHRIHARI ANANT SHIDORE AND OTHERSVERSUSTHE COMMISSIONER /ADMINISTRATOR AND OTHERS...WITHPUBLIC INTEREST LITIGATION NO. 20 OF 2021SURAJ PRADIP KUMAR AJMERAVERSUSTHE STATE OF MAHARASHTRA AND OTHERS… WITHCIVIL APPLICATION NO. 3382 OF 2024 IN PIL/34/2022PARASMAL PUKHRAJ BAFNAVERSUSTHE COMMISSIONER ADMINISTRATOR AND OTHERS… WITHCIVIL APPLICATION NO. 8332 OF 2022 IN PIL/34/2022SHRIHARI ANANT SHIDORE AND OTHERSVERSUSTHE COMMISSIONER/ADMINISTRATOR AND OTHERS…Advocate Mukhedkar Amit A., Petitioner in Person.Advocate Shri Sachin S. Deshmukh, Amicus Curiae.Shri S.S. Tope, Advocate for Respondent Nos.1 to 4/ MunicipalCorporation.Shri A.B. Girase, Government Pleader for Respondent Nos.5, 8to 10/State.
Legal Reasoning
*2* 1086pil34o22Shri A.G. Talhar, DSGI for Respondent Nos.7, 12 and 14/UoI.Shri R.S. Deshmukh, Senior Advocate i/by Shri Vinod Patil,Advocate for Respondent No.6/MJP.Shri S.B. Deshpande, Senior Advocate i/by Shri D.S.Manorkar,Advocate for Respondent No.11/NHAI.Shri R.N. Dhorde, Senior Advocate i/by Shri Sanket N.Suryawanshi, Advocate for Respondent No.15/ Contractor.Shri A.S. Bajaj, Advocate for Respondent No.13.... CORAM : RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ. DATE :- 13th August, 2024Per Court :-High Court Constituted Committee1.The learned Government Pleader has placed onrecord the report of the meeting of the High Court constitutedCommittee, held on 07.08.2024 (15 pages). The same is placedbefore the Court with the covering letter dated 12.08.2024,addressed to the learned Government Pleader by Ms.Alice Pore,Deputy Commissioner, Municipal Administration. There areseveral colour photographs and ready reference charts from pageNos.16 to 38, which are annexed to the report. The entirecompilation is taken on record and marked as ‘X-45’ collectively,for identification. *3* 1086pil34o222.Our attention is drawn by the learned Amicus Curiaeto the fact that the project work is proceeding at a slow pace. TheESR and GSR construction work has to be given a priority. Thelearned Government Pleader has drawn our attention to the SubDivision Work at page Nos.27 and 28, which carry the readyreference chart with regard to the present status of the projectwork.NHAI ROAD3.Considering the simultaneous work of the waterpipeline project, as well as the road construction project ofconnecting Chhatrapati Sambhajinagar to Paithan, the learnedSenior Advocate Shri Deshpande, appearing on behalf of theNHAI submits that the NHAI is thinking of foreclosure proposalfor the said project keeping in view that simultaneous workingon the water pipeline project as well as the new road project, isnot only creating a cumbersome situation, but in several areas,the situation has turned risky since the project contractor isdigging the side margins of the road for laying the pipelines andat some places, the road work is going on, inclusive of theconstruction of small bridges. The situation has turned dangerousand is accident prone. He, therefore, submits on instructions that *4* 1086pil34o22the NHAI is resorting to foreclosure proposal for the time beingand after the water pipeline project is completed, it would resumethe said work.4.The report (X-45) indicates that the Committee hasrequested the NHAI to reconsider and postpone it’s probabledecision of foreclosure proposal.ESR and GSR5.The learned Senior Advocate Shri Dhorde appearingon behalf of the project contractor points out that, as assuredearlier, 04 ESRs would be handed over to the MunicipalCorporation by 31.08.2024 and 03 more ESRs would be handedover by 30.09.2024. He submits that 02 ESRs have already beenhanded over to the Municipal Corporation.6.We are of the view that since 09 ESRs would be atthe disposal of the Municipal Corporation, it would be within theauthority of the Municipal Corporation to supply water to theresidents in the localities where the ESRs are beingcommissioned, at least once in four days, if not once in three *5* 1086pil34o22days.7.Shri Tope, the learned Advocate representing theMunicipal Corporation, submits that the water quantity isavailable to cater to the need of the residents of ChhatrapatiSambhajinagar. However, lack of adequate ESR/storage capacitywas the impediment. With the addition of 07 ESRs, theMunicipal Corporation would be at ease in some areas.8.We find that Shri Tope is very guarded in makingthe statement as regards distribution of sufficient quantity ofwater at high frequency and by reducing time interval betweentwo spells of supply of water by the Municipal Corporation. Heis instructed by Shri Kashinath Phalak, Executive Engineer, whohas been constantly instructing him in the Court, from 2022-2023. Be that as it may, with every addition of ESR, the intervalbetween two spells of water supply, should be reduced givingmuch relief to the residents of Chhatrapati Sambhajinagar. Wecan also see that he is trying to balance the situation in view ofvarious difficulties that the Municipal Corporation is facing.Nevertheless, the local administration/civic body has to ensure *6* 1086pil34o22that at least, water should be supplied with greater frequencykeeping in view that Chhatrapati Sambhajinagar city has now apopulation of almost 18 lacs and the need of water is 285 MLDper day, whereas the supply today is 120 MLD because of thedeficiency in storage capacity. Shri Tope adds that after all the 53ESRs are handed over to the Municipal Corporation, theresidents would be supplied with potable water once in two days.9.Keeping our fingers crossed with regard to the hopeof providing water once in two days, now that 07 ESRs would bewith the Municipal Corporation at it’s disposal until 30.09.2024and 02 ESRs which are already functional, the areas covered bythese 09 ESRs should be benefited with supply of water. We,therefore, direct the Municipal Corporation that once these 07ESRs are also commissioned, water in those areas should besupplied to the residents at least once in four days. TheMunicipal Corporation shall make the most use of these 09ESRs.Plantation10.The learned Senior Advocate Shri Deshmukh,representing the MJP, tenders the abstract data of saplings *7* 1086pil34o22plantation at the hands of the Project Contractor and under thesupervision of the MJP. The said chart is taken on record andmarked as ‘Y-57’ for identification. He informs us that insofar asthe Jalgaon road is concerned, the plantation has commencednear Garware industry and would be travelling southward uptoCIDCO Bus Stand, Jalna Road ‘T’ point. The number of plants,which have been planted, is around 3740 in 11 areas, whichappears to be encouraging. We, however, expect the MJP tosupervise the continued watering and protection of the plants inorder to ensure their normal growth and for increasing thesurvival rate.Amount Expended towards the Project11.Shri Tope has placed on record the communicationaddressed by the Accounts Officer of the Municipal Corporationto the Executive Engineer, Water Supply Department, ShriKashinath Phalak, dated 13.08.2024. The same is taken on recordand marked as ‘Y-58’, for identification. He points out that theCentral Government has already provided Rs.645.71 crores forthis project. The State Government has provided Rs.1162.67crores. The total amount received is Rs.1808.39 crores. This *8* 1086pil34o22entire amount is handed over to the MJP, which is supposed toclear the bills of the project contractor at regular intervals, afterscrutinizing the same and on getting them verified from the HighCourt constituted Committee.12.We are informed that the next meeting of the HighCourt constituted Committee is scheduled on 21.08.2024. We,therefore, list the PIL proceedings on 29.08.2024 at 04:30 PMfor further hearing.Civil Application No.3382/202413.At the outset, we may record that it would not beappropriate for the residents of Chhatrapati Sambhajinagar to fileCivil Applications in this PIL proceedings, as if this PIL is acounter opened for dealing with the individual/personal issues ofwater taps and sufficient supply of water to individual residents.14.As an exception, we are entertaining this CivilApplication, which is filed by a retired District Judge who is 88years of age. A new water pipeline is laid in his colony. Since theApplicant’s house is located at the end of the colony, water does
Decision
*9* 1086pil34o22not reach his home, besides the fact that it is supplied once in 08to 09 days.The Applicant is said to have been living withoutwater for a long time.15.Shri Tope assures that the Municipal Corporationauthorities would resolve the problem of the Applicant within aweek’s time.16.In view of the above, Civil ApplicationNo.3382/2024 is disposed off.Civil Application No.8332/202217.The learned Advocate for the Applicants submitsthat the orders in this Civil Application have been passed and thesame can be disposed off.18.In view of this statement, Civil ApplicationNo.8332/2022 stands disposed off. kps (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.)