LAWS(BOM)-2019-11-144

IGBALSINGH PRITAMSINGH GILL Vs. STATE OF MAHARASHTRA

Decided On November 18, 2019
Igbalsingh Pritamsingh Gill Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Considering the order of this Court dated 23 rd January, 2019 and considering the grievance raised in the Writ Petition, the Writ Petition is entertained as Public Interest Litigation. By order dated 4th December, 2017, the Division Bench of this Court directed the respondent No. 2 to file affidavit and comply with the order dated 4th May, 2016. It reads thus -

(2.) It may not be out of place to mention that by order dated 4th May, 2016, the respondents-State was also directed to file affidavit as to whether any funds are in contemplation of being sanctioned for the subject bridges in question and time frame within which the Corporation and State would take steps in strengthening said bridges. The Division Bench of this Court was also pleased to observe that there was a communication stating that the bridges at Makai Gate, Mahemood Darwaza, Barapulla Gate are not in a position to cater the heavy vehicles.

(3.) It seems that such an affidavit in replies are filed by the State Government and Municipal corporation. The last affidavit in the form of an additional affidavit in reply was filed on 30 th November, 2018 on behalf of respondent No.4 through the Deputy Commissioner, Municipal Corporation, Aurangabad. The said additional affidavit in reply refers to an estimation of the cost of repairs of seven heritage structures namely, Barapulla Gate, Mehmood Gate, Gomukh Gate, Hijary Gate, Kila Darwaja, Jafar Gate and Islam Darwaja. A statement was made in the affidavit in reply that the respondent Municipal Corporation has already forwarded a letter to the State Government, seeking allocation of funds with no Objection Certificate, to get the work executed through Public Works Department.