POONAM PRIDE CONDOMINIUM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) One of the issues in this Public Interest Litigation pertains to the health hazards created in Sanchayani Complex, a structure located on Khamla Road, which is abandoned. It is claimed that the owner is Sanchayani Savings, and the litigation in respect of it, has reached up to the Apex Court, which appointed a Special Officer, who is the respondent No.8- M/s. N.C. Banerjee & Co., Chartered Accountants, represented by Shri N.S. Bhattad, the learned counsel. There is a recurring problem of accumulation of water in the abandoned structure and also due to throwing of garbage, which is reflected in the photographs annexed to this Public Interest Litigation. The garbage is flowing on the road. The learned counsels appearing for the parties agree that any order, if passed by this Court to take care of the situation of health hazards shall not amount to interfering in the orders which are passed by the Apex Court.

(2.) We asked the learned counsels appearing for the parties to suggest the solution to the problem. Shri S.M. Puranik, the learned counsel appearing for the respondent- Nagpur Municipal Corporation, submits that the basement can be filled in with the debris to avoid accumulation of water and periodically the garbage if accumulates on the surface, can be removed by the Nagpur Municipal Corporation so as to avoid the recurrence of health hazards. This will also take care of any anti-social activities carried out in the hidden place of basement.

(3.) We, therefore, direct the Nagpur Municipal Corporation to take such steps, as are assured before this Court, within a period of two weeks from today, as the mansoon is onset. If any person or encroacher creates an obstruction in the measures to be taken by the Nagpur Municipal Corporation, the police aid can be taken from the respondent No.6, as and when required, to comply with the order passed by this Court.