ASN 1 PIL-147.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION PUBLIC INTEREST LITIGATION NO.147 OF 2009 WITH CIVIL APPLICATION NO.159 OF 2010 Kamlakant S. Prabhu. ..Petitioner. Vs. The State of Maharashtra and ors. ..Respondents. Mr.S.M.Raikar i/by Khandeparkar & Associates for the Petitioner and Applicant in C.A.No.159/2010. Mr.R.P.Behere, Additional Govt. Pleader for Respondent Nos. 1 to 4 for State. CORAM : MOHIT S. SHAH, C.J. AND S.J. VAZIFDAR, J. Monday, 14 st March, 2011 PC : This petition purporting to be the public interest litigation, the petitioner seeks to challenge the decision of the State Government to shift the existing check post from the Insuli to Banda. 2 The decision is challenged on the ground that while shifting the check post, the respondent particularly, the respondent Regional Transport Officer will not be able to check all the vehicles coming from Karnataka and Goa State. It is submitted that the present check post is being operated at Insuli for the last 40-years and that, there is no justification for shifting the check post to Banda and that too at a heavy ASN 2 PIL-147.sxw cost of Rs.200 Crores. The affidavit in reply has been filed by the Dy. Transport Commissioner, Maharashtra State. It is pointed out from the said affidavit that the present check post located at Insuli does not cover all the roads coming from Goa and Karnataka States. The check post has three main bypass roads, details of which are given in Paragraph 6 of the affidavit by which traffic entering Maharashtra can avoid the present check post. It was stated that the present check post at Insuli is near a river and that expansion of the check post or modernization of the same would not be possible at the present site. It is further stated that objective of the modernization of border check post is to cover over all traffic entering or leaving the State. In order to achieve this objective, the modernized border check posts are proposed at suitable locations along the road carrying majority of the traffic. Alternative arrangement of mobile check points at all such locations bypassing the modernized check post shall be created to check the vehicles bypassing the modernized check post by taking such alternative routes. 3 It is further stated that large number of vehicles passing through the check posts would require facilities like fueling, dining, rest room, toilets, auto parking, repair shops and the STD center which are to be provided at these check posts to give service to the public travelling through the check posts. 4 The learned counsel for the petitioner submits that check post at site Insuli is without any facilities. It is for the State Government to exercise executive powers to take decision about the protection of the ASN 3 PIL-147.sxw check posts and this Court is reluctant to exercise its extra ordinary jurisdiction under Article 226 of the Constitution and that too in the public interest over-riding the decision of the State Government. 5 For the reasons aforesaid, the petition is dismissed. 6 Civil Application No.159 of 2010 is accordingly, disposed of. CHIEF JUSTICE S.J. VAZIFDAR, J.