1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 1465 OF 2008 (Ashokrao Pandurang Tathod .v. The State of Maharashtra and others) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. CORAM : D.D. SINHA AND PRASANNA B. VARALE, JJ. 11TH AUGUST, 2008 Heard Shri Pavan Raulkar, the learned Counsel holding for Shri G.G. Mishra, the learned Counsel for the petitioner. The grievance of the petitioner is in respect of delay caused in constructing the railway over bridge at Railway Crossing near village Buttibori. This Court, from time to time, issued various directions to the respondent No.2 as well as the State Government and the last order in this regard is dated 29th July, 2008. Vide said order, Shri B.N. Mohta, the learned Counsel for the respondent No.2 was directed to obtain instructions as to when the construction of Railway over bridge would be commenced and within what time it would be completed, since there is already delay caused in the whole process. Pursuant to the said direction, the respondent No.2 filed a counter affidavit dated 06.08.2008 and para 9 2 of the said affidavit reads thus :- “It is submitted that the launching scheme submitted to the Railways has been approved on 17.07.2008 received in this office on 22.07.2008. As per the programme submitted by the contractor minimum time of three months is necessary to fabricate and erect the launching truss and another three months to launch the girders in ROB portion. Further, three months would be needed to complete the slabs and miscellaneous works in ROB portion. Therefore, total nine months are needed to complete the ROB portion from the date of approval of launching scheme. The respondent has asked the Contractor to increase the resources and reduce the time frame to complete the work.” Shri B.N. Mohta, the learned Counsel for the respondent No.2 has submitted that the entire work of construction of Railway over bridge can be completed within a period of nine months, provided the Railways give active cooperation and support to complete the project. Shri Nitin Lambat, the learned Counsel for the 3 respondent No.4 has submitted that whatever is within the competence of Railways, it shall extend total cooperation and support to the respondent No.2 to complete the construction of Railway over bridge in question. Mrs. B.H. Dangre, the learned Additional Government Pleader has submitted that the affidavit on behalf of the Superintendent of Police, Nagpur (Rural) dated 01.08.2008 is filed on record and in para 5 of the said affidavit, it is mentioned that to avoid any traffic congestion as well as to maintain smooth flow of traffic in order to reduce inconvenience to the persons travelling by the said road, 16 Police personnel are deployed at the said point including the Highway Security Force Personnel. It is further submitted in para 6 of the said affidavit that the other steps are already taken by the traffic department in order to see that the traffic should not be hampered during the period of construction of the over bridge goes on. We have considered the contentions canvassed by the respective parties and perused the affidavits filed by the respondents. Taking into consideration the steps taken by the respondents in respect of construction of over bridge we hope and trust that the construction would be over within nine months 4 from today. Similarly, the learned Counsel for the Railways has already made a statement that the Railways shall give necessary cooperation in this regard and the learned Additional Government Pleader has also filed affidavit on record which discloses that necessary care is taken by the Police (Traffic Department) to regulate the traffic during the period of construction work. Hence, the purpose of filing Public Interest Litigation is satisfied. Consequently the petition is disposed of accordingly. Steno copy of this order be furnished to the respective parties. JUDGE JUDGE *rrg.