JUDGMENT - R.M. LODHA, J.:---Rule. Returnable forthwith. Shri Mujumdar, the learned Assistant Government Pleader, waives service for the respondents. By consent of the learned Counsel for the parties, Rule is called out for hearing at this stage and is finally disposed of.

2.The writ petition is in the nature of public interest litigation. The petitioner claims to be social worker and affiliated to several social organisations working for the welfare of the general public. His grievance is that Nagpur is one of the important cities in the State of Maharashtra and the principal city of Vidarbha region, which also holds winter session of State Legislature. The population of the city is about 25 lacs. The petitioner has averred that considering the scale of population, there is tremendous workload on the courts working at Nagpur and the ratio of disposal of cases in comparison with new cases is very low and, therefore, the rate of pendency is reaching catastrophic proportion. As on 31-3-1999, there were 4300 motor accident claim cases pending before various Tribunals at Nagpur and out of that, about 1500 cases have been instituted on or before the year 1995. The petitioner, as a public spirited citizen, has highlighted that due to non-availability of the exclusive Motor Accident Claims Tribunal, undue hardship is caused to the litigants. The State Government was informed of the problems being faced by the litigants for want of exclusive Motor Accident Claims Tribunal and since no remedial steps have been taken by the State Government, the petitioner has been constrained to file the present petition for direction to the State Government for establishment of separate Tribunal for dealing with motor accident claim at Nagpur exclusively.

3.In response to the show cause notice served upon respondent No. 3, viz., the District Judge, Nagpur, an affidavit-in-reply has been filed on 29-6-2001, wherein it is stated that as on date, 6067 motor accident claim cases are pending at Motor Accident Claims Tribunal, Nagpur. The District Judge, Nagpur, has further stated that monthly average disposal of claim cases comes to about 46 cases. In this background, the learned District Judge has prayed that necessary orders be passed in the interest of justice.

4.The respondent No. 1 through Secretary, Home Department, has also filed affidavit-in-reply on 10-7-2001. It is stated in the said affidavit that on 11-8-2000, a notification has been issued by respondent No. 1 in order to deal with pendency of motor accident claim cases by constituting additional Motor Accident Claims Tribunal within the State consisting of number of members equivalent to the rank of Additional District Judge, Joint District Judge and District Judge having territorial jurisdiction over the area co-extensive with the territorial jurisdiction of the Court at various Taluka places. As regards the prayer made by the petitioner for creation of exclusive Motor Accident Claims Tribunal at Nagpur, respondent No. 1, in its affidavit-in-reply, has stated that the learned District and Sessions Judge, Nagpur, has submitted a proposal for creation of two courts as Motor Accident Claims Tribunal. The said proposal sent by the District and Sessions Judge, Nagpur, is under consideration of the State Government. But as it involves financial implications, the matter has to be routed with concurrence of the Finance Department and the State Government would require about two months for considering the matter and for taking appropriate decision.

5.What is clear from the aforesaid facts is that the motor accident claim cases are increasing in the city of Nagpur and there are not adequate and sufficient number of Tribunals for the disposal of such claim cases. As on 1-1-1999, 4176 motor accident claim cases were pending in Motor Accident Claims Tribunal, Nagpur, which by the month of June, 2001 have increased to 6067. In a period of about two-and-half years, the motor accident claim cases have increased

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