Bombay High Court
Courts On Its Own Motion vs The State Of Maha. Thr.Secretary, ... on 4 August, 2016
Bench: B.R. Gavai
0408pil51.16
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FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
PUBLIC INTEREST LITIGATION NO.51 OF 2016.
Court on its own Motion ..vs.. The State of Mah.and ors.
____________________________________________________________________________________
Office Notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's orders
or directions and Registrar's orders.
Mr.N.B.Rathod, Amicus Curiae for the petitioner.
Mr.D.P.Thakare, Addl.G.P. for resp.1 and 3.
Mr.C.S.Samundra, Adv. for respondent no.2.
Mr.N.R.Saboo, Advocate for respondent no.4.
CORAM : B.R.GAVAI AND
V.M.DESHPANDE, JJ.
DATE : AUGUST 04, 2016.
1. The Court had taken suo moto cognizance of the
Newspaper Item which showed vicarious condition of various
Godowns in the City of Nagpur wherein food grains are
stored.
2. In the affidavit filed on behalf of the respondent
No.3 dated 29th of July, 2016 the statement was made that an
amount of Rs.40,35,630/- will be disbursed within a period
of one month after taking approval for carrying out repairs of
the Godowns situated at Musium, Civil Lines Nagpur. The
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affidavit also states that an amount of Rs.5,68,00,000/-
would be provided after taking administrative approval for
construction of new Godowns at Cotton Market, Nagpur.
Shri Rathod, the learned Amicus Curiae, submitted
that the Godowns situated at Civil Lines, Nagpur are beyond
repairs and if an amount of Rs.40,00,000/- is spent for said
repairs, it will be nothing but wastage of the public money.
We had therefore requested Shri Thakare, learned
Additional Government Pleader, to instruct the District Food
Civil Supply Officer and the Executive Engineer to personally
inspect the spot and find out as to whether the said Godowns
situated at Civil Lines, Nagpur can be repaired or not.
Accordingly, an affidavit is filed by Shri Sanjay
Dattatraya Indurkar presently working as Executive Engineer,
Public Works Department, Division No.1, Nagpur, dated 3 rd of
August, 2016. It is stated in the said affidavit that after
carrying out the works as specified in the affidavit, the life of
all the Godowns will be enhanced at least by five years and
functioning of grain storage and handling will be properly
done without any grain loss. However, it is further stated
that if Godowns are demolished and new Godowns are
constructed it will entail an expenditure of Rs.7.50 crores
approximately.
We find that when expert like Executive Engineer
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upon inspection has found that the Godowns are in a
condition which can be repaired, there is no reason to
disbelieve the same. We, therefore, permit respondent/State
to repair the Godowns situated at Civil Lines, Nagpur.
Insofar as shifting of the stocks from the Godowns
which are in a dilapidated condition, the learned Additional
Government Pleader states that shifting is complete and
entire stocks from such dilapidated Godowns are shifted to
safer place.
Stand over to eight weeks so as to enable the State
Government to place on record progress report of the repairs.
Stand over to 6th of October, 2016.
JUDGE JUDGE
chute
0408pil51.16
CERTIFICATE
I certify that this Order uploaded is a true and
correct copy of original signed order.
Uploaded by : P.Z.Chute,
Pvt.Secretary.
Uploaded on: 05/08/2016.
