1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR. WRIT PETITION No.4692/2007. Lalit Mulchand Bedmutha and another .vs. State of Maharashtra and others -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. Mr.P.C.Madkholkar, Adv.for the petitioners. Smt.Bharti Dangre, A.G.P. for the State. Coram: B.H.MARLAPALLE & SMT.VASANTI A.NAIK, JJ. Dated : 17th DECEMBER, 2008. 1. Heard Mr.Madkholkar, leaned counsel for the petitioners and Smt.Bharti Dangre, A.G.P. for the State. 2. We have perused the affidavit as well as the additional affidavit in-reply. The main prayer in this public interest petition reads as under - “That, by writ in the nature of mandamus 2 or any other appropriate writ, order or direction the respondent nos.1 to 6 be directed to connect the bypass road which was sanctioned by the Government on 21/11/1999 to the State Highway No.176 at the time of execution of construction project and the same be included in the said project” 3. The reply given on the issue of construction of bypass in the affidavit filed on behalf of respondents no.1 to 6 reads as under - “......... the alignment of the said Bypass has been approved by the Chief Engineer, P.W.Region, Amravati vide their letter No.D-2(1)BLD/2002 dt.21/12/1999. The total length of the said bypass passes through the private land is not available for the construction of the said byepass. For construction of said byepass about 33.375 hectors land is required. The proposal of two laning of Malkapur Buldana Chikli road State Highway 176 was prepared in May, 2005. At that time for construction of said byepass land was not available and was not in the possession of P.W.D. Therefore, it was compelled not to include the work of construction of byepass for Buldana town in the proposal of two laning of Malkapur Buldana Chikhali road State Highway 3 176. To facilitate and regulate the traffic through the Buldana town, 4 laning in the town portion is proposed” 4. It was further clarified in the said affidavit that sealed offers in the prescribed form were invited from entrepreneurs for the execution of the road widening project on “Built, Operate and Transfer (BOT)” basis. 5. In the additional affidavit filed on 4/12/2008, it has been stated that the construction of 4 lane road through the Buldana town is completed and the completion certificate dated 26/8/2008 has also been placed on record along with the affidavit. Along with the first affidavit-in- reply at annexure R-II, the learned Assistant Government Pleader has placed on record the sketch/map of the starting point of BOT road from the joining point to National Highway No.6 and crossing the Bhusawal-Khamgaon road to Chikhali end of BOT road. As per the State Government, the proposal to construct the byepass cannot be completed as of now due to the non-availability of 4 land and instead the road passing through the Buldana town has been widened and at both ends of the road toll stations have been erected. 6. Mr.P.C.Madkholkar submitted that the residents of Buldana town either while entering into the township or while coming out of the township will be required to pay toll and this may happen quite frequently on day to day basis. It was further submitted that if the byepass is constructed, the residents of Buldana town may not be required to pay toll tax. However, having seen the map placed on record, we do not find any merit in this apprehension and even on construction of the byepass, the payment of toll cannot be escaped as the Toll Nakas are beyond the byepass joints. 7. On the issue of payment of toll by the Buldana town residents, the Government in its first affidavit has clarified that it may work out some effective proposal. It is well known that at some other places in Maharashtra, the residents of village/town have been provided with monthly 5 passes so that for their two wheelers, three wheelers or four wheelers, they are not required to pay toll tax every time. It is for the Government to consider a similar scheme for the residents of Buldana town in the near future and particularly those who are required to use their vehicles either to approach their place of occupation or for the students who are required to cross the Toll Plaza to go to their schools/colleges on 2 wheelers, 3 wheelers or by 4 wheelers. 8. We are also satisfied that for the time being, the construction of 4 lane road has been done and the congestion of traffic through the township has been eased out. We hope that the State Government will take due steps for construction of the byepass in the near future. The petition is disposed off. JUDGE. JUDGE. chute 6