Bombay High Court dismisses PIL seeking construction of footpath near Nizamuddin Dargah in Chhatrapati Sambhajinagar

The Bombay Excessive Court docket dismissed a Public Curiosity Litigations (PILs) filed in search of instructions to the Respondents to cancel the work order dated 18th December, 2023, to hold out and full work of development of foot path and laying paver blocks alongside aspect the roads of Shahgunj Chaman to Nizamuddin Dargah (Zone No. 2) beneath the Nationwide Clear Air Programme (NCAP), issued by the Government Engineer (Roads) of the Municipal Company, Chhatrapati Sambhajinagar.

The Petitioner is the Ex-Corporator of Buddilane, Kabadipura and Nawabpura wards of Chhatrapati Sambhajinagar. It’s her case that on ninth November, 2023, an E-Tender was notified on the official web site of the Company in addition to the identical was revealed within the native newspapers for finishing up the work of setting up foot paths and laying paver blocks alongside aspect the roads. It’s claimed that pursuant to the aforesaid E-Tender discover, Non-public Respondent  has submitted his tender and being the bottom bidder, it was accepted and work order got here to be issued. It’s the particular competition of the Petitioner that the Company can’t use the funds made accessible for NCAP for different work. On this floor, a path is hunted for cancellation of the mentioned work.  

The Advocate for the Petitioner has drawn the  consideration of the Excessive Court docket to the character and scope of NCAP and tried to persuade the Court docket concerning the work in query not being linked with the mentioned programme and therefore requires cancellation.   

On the outset, the Aurangabad Division Bench of  Justice Ravindra V. Ghuge and  Justice R. M. Joshi famous that  there isn’t a allegation in opposition to the Respondents that any irregularities are dedicated within the tender course of in respect of the work in query or  allotment thereof. The one grievance made by the Petitioner is that the funds obtained beneath NCAP can’t be utilised for the work apart from lined by the mentioned programme. On this regard we’ve got rigorously gone by way of the fabric positioned earlier than us whereby it’s discovered that NCAP is aimed to enhance air high quality and public well being by figuring out cost-effective measures to cut back emission from all of the recognized sources. 

The Court docket additional famous that such measures additionally embody discount of highway mud. On this backdrop, evidently that the work of development of foot paths and laying down paver blocks is geared toward discount of emission of mud particles from foot paths on highway. Prima faice, we’re of the view that the work sought to be undertaken by the Company can’t be mentioned to be alien/unconnected to the NCAP. Equally, merely as a result of another funds are made accessible for the Company to do the mentioned work, there isn’t a bar/prohibition for utilizing the funds obtained beneath NCAP for a similar.  

“It it settled place of legislation that the Public Curiosity Litigation may be entertained by the Court docket offered that the motion by the involved authority shouldn’t be within the curiosity of public. Right here on this case, the Petitioner is unable to steer us that the work   undertaken by the Company which is the subject material of the current Public Curiosity Litigation comes inside the mentioned parameter. We have now no purpose to carry that the mentioned work is in opposition to the curiosity of the general public or the work has been carried out illegally from the funds not meant for the mentioned work. In such circumstances, we don’t discover any propriety in issuing any path in opposition to the Respondents”, the order reads.