THE REGISTRAR Vs. STATE OF MAHARASHTRA AND OTHERS

JUDGEMENT

(1.) By taking cognizance of a news item published in daily 'Sakal' newspaper on 16.09.2019 in respect of non availability of access road for school, Mr. P. P. Mandlik, learned counsel was appointed to assist this Court as an amicus curiae. Accordingly, the petition was presented in this Court and notices were issued.

(2.) A document is placed on record along with the petition at Exhibit-"E". Certain photographs are placed on record at Exhibit-"F" to show that the road is unworthy due to water log in rainy season. A document is also placed on record at Exhibit-"E" to submit that the villagers though initially submitted representations, however on finding that there is no response, they were left with no choice to proceed on indefinite fast. On 19.08.2019 the Sub-Divisional Engineer (Construction), Zilla Parishad Sub-Division, Vaijapur informed the villagers of Sharifpur, a proposal would be immediately submitted through the Chief Engineer to the State Government for converting Ambewadi to Sharifpur road to a classified road from non classified road. It is also informed that with an immediate measure, a proposal would be sought for from the Gram Panchayat Shirasgaon for construction of road for facilitating the villagers in commutation and then it would be submitted to the Collector, Aurangabad through the Deputy Collector, Vaijapur for seeking necessary approval.

(3.) In response to notices issued, an affidavit-in-reply on behalf of respondent No.8 - Smt. Smita Hariman Pawar, Assistant Engineer, Grade-I, P.M.G.S.Y. Chelipura High School, Station Road, Aurangabad, is filed. It is stated in the affidavit-in-reply that the office of the deponent is only the implementing agency of the work of up-gradation of the existing ODR and VR roads as per the road development plan done by the Public Works Department. It is further stated that the Public Works Department prepares the plans for upgradation of the roads for every 20 years. It is also stated that the necessary funds are given by the RDD, State Government and as per the road development plan 2001-2021, the said road is not included in the core network of the office of the deponent. It is further stated that it is the duty of respondent Nos. 2 to 5 and 7 to take steps for constructing the said road as the same will come under the jurisdiction of respondent Nos. 2 and 7 and theyare the authorities who can take necessary steps for sanction and construction of new road from village Sherifpur to Ambewadi Gangapur road.