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2026 DAILYLAW 10155 (BOM)

JANMANCH, THR. ITS PRESIDENT, SHRI RAJEEV GAJANAN JAGTAP v. NAGPUR MUNICIPAL CORPORATION, THR. MUNICIPAL COMMISSIONER, NAGPUR AND OTHERS

CAO/978/2026 · 2026-09-21

Public Interest Litigationbody2026

Judgment text

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1/4 43-PIL-13-25.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, AT NAGPUR. PUBLIC INTEREST LITIGATION NO.13 OF 2025 JANMANCH, THR. ITS PRESIDENT, SHRI RAJEEV GAJANAN JAGTAP VS NAGPUR MUNICIPAL CORPORATION, THR. MUNICIPAL COMMISSIONER, NAGPUR AND OTHERS - -- - -- -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Parvez Mirza, Advocate a/w Mr. V.R. Hamand and Mrinali Chakravorty, Advocate for petitioner. Mr. J.B. Kasat, Advocate for respondent No.1. Mr. P.V. Navalani, Advocate for respondent No.3. Mr. Girish A. Kunte, Advocate for respondent Nos.2, 9 & 10. Mr. A.A. Kathane, Advocate for respondent Nos.4 & 11. Mr. N.S. Jadhao, Advocate for respondent No.12. Mr. Kartik N. Shukul, DSGI a/b Mr. Harshwardhan V. Khawale, Advocate for respondent Nos.16 & 17. Mr. R.D. Dharamadhkari, Advocate for respondent No.1. Mr. S.M. Ukey, Addl. GP for respondent/State. CORAM : URMILA JOSHI-PHALKE & RAJ D. WAKODE, JJ. DATED : September 21, 2026 1. The learned Additional Government Pleader Shri S. M. Ukey has filed affidavit in compliance of the order dated 07/09/2026 wherein in paragraph 9 it was observed thus : “ On the last occasion, we have also taken note of the affidavit of Assistant Conservator of Forest regarding the proposal which is forwarded to the APCCF (Budget Planning and Development) Nagpur and the same is pending with him. The APCCF shall file the progress report before this Court by 21.09.2026.” 2. In compliance of abovesaid order, the learned Additional Government Pleader filed affidavit of Shri Yash Kale, Assistant Chief Conservator of Forests, Nagpur stating that now the proposal is no longer pending before the office of the APCCF (BPD), Nagpur but the same is presently under active consideration before the State Government for sanction and budgetary allocation. 2/4 43-PIL-13-25.odt 3. We have taken cognizance of Forest Guard quarter and have passed various orders in that regard. In view of that an affidavit is submitted stating that the proposal as regards consideration of renovation of the said Forest Guard residence is awaiting for budgetary allocation. 4. Considering the fact that now it is already forwarded by APCCF (BPD) to the State Government to sanction budgetary allocation, we direct respondent No.14-Secretary, Finance Department, Mantralaya, Mumbai and respondent No.18- Secretary, Revenue and Forest Department, Mantralaya, Mumbai to expedite the proposal and decide the same at the earliest as regards budgetary allocation. The learned Additional Government Pleader to submit compliance report within four weeks from today. 5. Learned Additional Government Pleader pointed that Registrar (Administration) of this Court has filed a report stating therein that due to heavy rainfall there was water seepage at certain locations within High Court. It is stated that rain water entered the office of the Government Pleader situated in the North Building through the bathroom area and further seeped into BB-1 Chamber through the light well. Further, in the South Building, rain water entered the internal corridor thorough the ladies’ washroom. It is also reported that in the Main Building, water also seeped into the chamber of the Deputy Registrar (Room No.15) through the tiled flooring. 6. Despite this fact was brought to the notice of the Public 3/4 43-PIL-13-25.odt Works Department, appropriate remedial measures are not undertaken expeditiously so as to ensure that such water seepage does not recur at the aforesaid locations and therefore, it is requested to take note of the same and issue necessary directions to the Public Works Department. 7. We have already noted this aspect in earlier order. Despite that, we have asked the Public Works Department to look into the matter. It seems that they have not taken into consideration this aspect. 8. Learned Additional Government Pleader also pointed out the letter dated 31/07/2026 of the Deputy Engineer, Public Works Department wherein it is mentioned that immediate action is taken and pipes were installed at the places where there was water seepage. However, report of the Registrar (Administration) shows that the problem is not properly solved and water seepage is still there. In view of that, learned Additional Government Pleader shall seek instructions and file an affidavit within two weeks from today stating about the measures they are taking to permanently resolve the issue. Civil Application (CAO) No.978/2026 9. This is an application for granting permission to add Maharashtra Rail Infrastructure Development Corporation Limited and Maharashtra State Road Development Corporation Limited as necessary parties. 10. In view of the reasons mentioned in the application, the 4/4 43-PIL-13-25.odt application is allowed. The petitioner is permitted to add Maharashtra Rail Infrastructure Development Corporation Limited and Maharashtra State Road Development Corporation Limited as party respondent Nos.21 and 22 respectively. Amendment be carried out within one week. Civil Application is allowed and disposed of. Public Interest Litigation No.13/2025 11. After the amendment is carried out, issue notice to newly added respondent Nos.21 and 22, returnable after three weeks. 12. In addition to Court notice, petitioner is permitted to serve respondent Nos.21 and 22 by all private modes and shall file affidavit of service in that regard. 13. Stand over to 19/10/2026. (Raj D. Wakode, J.) ( Urmila Joshi-Phalke, J.) Asmita Signed by: Smt. Asmita A. Bhandakkar Designation: PS To Honourable Judge Date: 23/09/2026 10:54:47