IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

PUBLIC INTEREST LITIGATION NO. 50 OF 2022 Ku. Mangala Jairam Wakode & Another Vs.

State of Maharashtra & Others.

__________________________________________________________________________

Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. T.D. Mandlekar, Advocate for the Petitioners.

Mr. D.P. Thakare, Additional Government Pleader for Respondent Nos.1, 4 & 8.

Ms. S.S.Jachak (Gaikee), Advocate for respondent no.2.

Mr. S.M. Puranik, Advocate & Mr. Girish A.Kunte, Advocate for Respondent No.3.

Mr. Pushkar Ghare, Advocate for Respondent Nos.5 & 6.

Mr. A.D. Chaudhari, Advocate for Respondent No.7.

Mr. Kabir Jhamb, Advocate for the Intervenor.

CORAM : NITIN W. SAMBRE AND VRUSHALI V. JOSHI, JJ.

DATE : 22 ^nd APRIL, 2025 .

P.C.

1. The hearing of the present Public Interest Litigation was required to be deferred for want of appropriate instructions from the Technical Officials viz. the Executive Engineer. When enquired, the Executive Engineer was not present in the Court to assist the Panel Lawyer and as such this Court is required to summon the Engineer of the Nagpur Improvement Trust.

2. The fact remains that even on earlier occasions for similar conduct of the Officers of the Nagpur Improvement Trust, the hearing was required to be deferred. As such, there is a basis to form an opinion that the Officials of the Nagpur Improvement Trust are not extending the appropriate co-operation not only to the Panel Lawyer but also to this Court in adjudicating the issue which is sought to be canvassed in the Public Interest Litigation.

3. That being so, we issue show cause notice to the Executive Engineer Mr. Pankaj Ambhorkar and the Divisional Officer (South) Mr. Dharmendra Chute as to why an adverse entry be not ordered to be taken in their service record and the exemplary costs be not saddled on them.

4. We further direct the Executive Engineer, Nagpur Improvement Trust to file an affidavit explaining the steps to be taken in consultation with the Chairman of the Nagpur Improvement Trust so as to avoid a similar type of situation, as we have noticed that the Technical Officials of the Nagpur Improvement Trust are not providing the appropriate instructions to the Panel Lawyer, which is resulting into deferring the hearing of the Public Interest Litigation.

5. We have heard the learned counsel appearing for the respective parties.

6. The petitioners have come out with the following prayers in the present Public Interest Litigation:-

“1. The Hon’ble High Court may exercise its extraordinary jurisdiction under Article 226 of the Constitution of India and direct respondent no.01 to conduct enquiry into the illegal activities of the responsible government officials working in Nagpur Improvement Trust and Nagpur Municipal Corporation, who are protecting illegal construction and encroachment on plots in Khasara No:70/3, 70/4, 17-4 in Mouza:Babulkheda in Dwarkapuri Housing Co- op.Society’s layout Nagpur and on RING ROAD from Omkar Nagar Chowk to Shatabdi Chowk in Mouza Babulkheda, Nagpur.

2. The Hon’ble High Court may direct the respondent no.01 to 04 and 08 to remove the illegal construction and encroachments made by the encroachers on government owned land, affected by construction of RING ROAD particularly on RING ROAD from Omkar Nagar Chowk to Shatabdi Chowk in mouza Babulkheda, Nagpur.

3. deleted.

4. This Hon’ble Court, may quash and set aside the impugned regularisation permit granted by the Chairman Nagpur Improvement Trust for Plot No.23 wide permit no.886 issued on 8^th of October 2015 and permit No.883 issued on 5^th October 2015 for plot no.24 under Maharashtra Gunthewari Development Act, 2001 for the reasons stated in this petition (ANNEXURE-P-

02).

5. This Hon’ble Court may pass any other orders in the facts and circumstances of this case in the larger interest of law and to restore the rule of law.”

7. The facts neces