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HC To Examine Legal Liability Over Nagpur-Katol Highway Project Delay
HC To Examine Legal Liability Over Nagpur-Katol Highway Project Delay

Time of India

time03-05-2025

  • Business
  • Time of India

HC To Examine Legal Liability Over Nagpur-Katol Highway Project Delay

Nagpur: Taking serious note of extended public sufferings due to continued delay in widening of Nagpur-Katol highway, Nagpur bench of Bombay high court on Friday decided to examine whether persistent inconvenience caused to the public attracts legal consequences under Motor Vehicles Act. The project, stalled for over a year and a half now, has left commuters facing hardships for nearly five years. A division bench of Justices Nitin Sambre and Vrushali Joshi was hearing a PIL (No. 27/2025) filed by Dinesh Thakre and another petitioner against Union of India, National Highways Authority of India (NHAI), and others, including two private contractors involved in the incomplete four-laning of the 49.9-km stretch. According to the petition, NHAI awarded the contract in September 2021 to Agarwal Global Infrastructure and Joint Stock Company Industrial Association. The project was originally due for completion by October 28, 2023. However, citing concerns over environmental clearance related to a wildlife corridor, the contractors halted work, which has not resumed since. The court noted that there was no formal embargo from the forest department preventing work. It observed lapses both on the part of NHAI and the contractors, who failed to complete the project in time and has not filed a reply despite being served notice. NHAI, however, submitted that all required permissions were received by September 28, 2023, and the contractors were offered opportunity to resume work, which they did not act upon. Though the court considered the petitioners' request — supported by NHAI counsel — for imposing exemplary costs on the contractors, it deferred the decision after the contractors' lawyer sought time to file reply by May 5. Earlier on April 23, the high court had imposed a cost of ₹5,000 each on urban development department, public works department, principal chief conservator of forests, deputy conservator of forests, and range forest officer for failing to submit their responses. On Friday, the court recalled that cost order for respondents 3 to 7 after reviewing their explanations. The bench also directed govt pleader and senior advocate Deven Chauhan to assist in examining whether the prolonged failure to execute contractual obligations amounts to a legal offence, especially in view of the extended public sufferings. The matter is now scheduled for further hearing on May 6.

HC deplores overcrowding in jails, gives state 2 wks to submit data on staff shortage
HC deplores overcrowding in jails, gives state 2 wks to submit data on staff shortage

Time of India

time03-05-2025

  • Time of India

HC deplores overcrowding in jails, gives state 2 wks to submit data on staff shortage

Nagpur: Expressing concern over deteriorating conditions in Maharashtra's overcrowded prisons, the Nagpur bench of Bombay high court has given the state two weeks to submit detailed data on staff shortage, recruitment timelines, and the per-inmate expenditure in jails across the state. You Can Also Check: Mumbai AQI | Weather in Mumbai | Bank Holidays in Mumbai | Public Holidays in Mumbai A division bench of Justices Nitin Sambre and Vrushali Joshi, hearing a criminal writ petition filed by Nanded-based undertrial Sachin Lone, took exception to the incomplete affidavits filed by the state's principal secretary (appeals & security) and the special inspector general of prisons. The court said it was "compelled" to consider issuing contempt notices, observing that officials "intentionally avoided" complying with its March 20 order directing submission of prison-wise staffing data, vacancy percentages, and details of the last official review of staffing needs. The judges flagged the systemic understaffing plaguing prisons Bombay high court observed that "almost every prison in Maharashtra is overcrowded" and in some facilities "the number of inmates lodged is double the sanctioned capacity". They said this burden compromises prison administration and leads to delays in decision-making, especially on prisoners' applications. "Recruitment underway will only address 25% of the vacancies. Still, around 15% will remain unfilled, for which immediate steps are necessary," the bench said, referring to the state's own affidavit that cited a 40% shortfall in sanctioned staff strength. Justice Sambre also referred to his recent official visit to Nagpur Central Jail with SC judge and SC Legal Services Authority chairman Justice Bhushan Gavai. "We found the staff-to-inmate ratio alarming. The number of sanctioned staff itself is inadequate, and vacancies only worsen the situation. Prisoners were found to be suffering from skin ailments and infections. We were told medical staff was insufficient, forcing reliance on govt hospitals," he said. The judges stressed that all jails must have 24x7 availability of medical personnel, including physicians and psychiatrists, and cited Supreme Court's landmark Sunil Batra versus Delhi administration judgment affirming prisoners' fundamental rights. Citing the India Justice Report-2025, the petitioner's counsel Ratna Singh, assisted by Arpit Wagide, pointed out that Maharashtra spends just Rs 47 per inmate daily, compared to Rs733 in Andhra Pradesh. While the court said it was not accepting those figures as accurate, it directed the state to disclose its actual per-prisoner expenditure. The HC also criticised the state's failure to provide cadre-wise vacancy data. The next hearing is slated on May 6.

Vivekananda Statue Stays, but HC Warns Govt of Contempt Over Ambazari Flood Inaction
Vivekananda Statue Stays, but HC Warns Govt of Contempt Over Ambazari Flood Inaction

Time of India

time02-05-2025

  • Politics
  • Time of India

Vivekananda Statue Stays, but HC Warns Govt of Contempt Over Ambazari Flood Inaction

Nagpur: The Maharashtra govt ruled out relocating Swami Vivekananda Memorial near Ambazari Lake, citing a scientific report that concluded the statue was not responsible for last year's flooding in Nagpur. However, the Nagpur bench of Bombay high court on Friday criticised authorities for failing to carry out a hydraulic study of the Nag River stretch, warning of contempt action if delays persist. In an affidavit submitted before the division bench of Justices Nitin Sambre and Vrushali Joshi, Divisional Commissioner Vijayalakshmi Bidari informed that a high-powered committee (HPC) chaired by her unanimously decided against shifting the statue. The committee's decision was based on a detailed analysis by the Central Water and Power Research Station (CWPRS), Pune, whose simulations showed that the memorial neither impedes water flow nor contributed to the 2023 floods. "All 11 members of the committee, along with an invited expert, accepted the CWPRS findings," Bidari stated, adding, "the report is self-explanatory," as noted by CWPRS scientist Kunjeer Prasad during deliberations on April 25 and 29. Despite this clarity, the court expressed serious displeasure over the authorities' failure to initiate the promised hydraulic study of the 17-km Nag River stretch. The judges noted that six months had passed since the commitment was made, yet the work remained incomplete due to inter-departmental buck-passing. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Click Here To Read More - micro segmentation software Expertinspector Click Here Undo "When will the study finish and when will remedial measures begin? Why are you playing the blame game in public?" the bench verbally asked, warning, "Don't force us to start contempt proceedings." It emerged that the Nagpur Municipal Corporation (NMC) had not provided the necessary data to CWPRS, blaming the Irrigation Department. The latter insisted it already submitted the required information. Taking a serious note, the court directed all respondents to ensure the study report is submitted before the next hearing on May 6. Petitioners were also asked to file a counter affidavit. "There is lack of coordination among all authorities," the judges noted. The PIL (No. 56/2023), filed by Ramgopal Bachuka and others through Advocate Tushar Mandlekar, has been seeking accountability for the flooding and timely mitigation measures. During the hearing, the court questioned the adequacy of floodgate capacity, which was stated to be over 160 litres per second. "The water capacity is not sufficient. That's why the court earlier advised relocating the statue to the land near Crazy Castle," the judges observed. The HPC also rejected the Irrigation Department's earlier claim that contractor hesitancy necessitated relocating the escape gate. The committee found this argument lacking technical backing. "Non-responsiveness was due to contractors' personal perceptions, not supported by expert evidence," the affidavit clarified. The department has now awarded the tender for the escape gate project for ₹4.62 crore, with the Letter of Acceptance issued on April 25. Civil work is set to begin immediately, with major progress expected by June 15. Fabrication will be carried out during the monsoon, followed by installation post-monsoon, according to the Chief Engineer. The National Environmental Engineering Research Institute (NEERI) has been asked to submit an interim report on the eradication of Eichhornia (water hyacinth) during the committee's upcoming meeting. Monthly reviews will continue to monitor the escape gate's progress. "I have directed all stakeholders to raise any hurdles immediately, so decisions can be taken without delay," Bidari said. The NMC will now forward the CWPRS report to the Urban Development Department for appropriate follow-up action, the affidavit mentioned.

HC Stays Felling of 1,374 Trees in City Over Viability of Compensatory Plantation
HC Stays Felling of 1,374 Trees in City Over Viability of Compensatory Plantation

Time of India

time29-04-2025

  • Politics
  • Time of India

HC Stays Felling of 1,374 Trees in City Over Viability of Compensatory Plantation

Nagpur: The Nagpur bench of Bombay high court on Tuesday imposed an interim stay on the proposed felling of 1,374 trees in the city's various areas, expressing strong reservations about compensatory plantation in forested zones such as Gorewada in lieu of lost urban greenery. These areas include the Mankapur sports complex, the collectorate, and the divisional commissioner's complex, among others. The division bench, comprising justices Nitin Sambre and Vrushali Joshi, while hearing a PIL filed by Preeti Patel and three others, observed that 'not a single tree should be cut' until further orders. The PIL challenges the legality of the Nagpur Municipal Corporation's tree-cutting proposal, alleging it violates mandatory provisions of the Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975. The petitioners, represented by counsel Mrinall Chakravorty, argued that the civic body submitted the tree-felling proposal without conducting a proper tree census since 2011, without formulating a concrete compensatory plantation plan, and in the absence of a detailed development master plan. NMC counsel Jemini Kassat submitted that trees were being removed to facilitate the construction of the divisional commissioner's office and that afforestation would be carried out in the Gorewada forest area. The court, however, rejected the approach, stating that urban tree loss cannot be offset by planting in distant forest tracts. "Cutting trees in the city and planting them in the jungle will destroy the environmental balance of the city," the bench observed, before adjourning the hearing till next week. The judges also raised concerns about the efficacy of compensatory plantations, questioning whether any monitoring mechanism exists to determine the survival rate of planted saplings. "Who is keeping track of how many planted trees are actually surviving?" the bench asked verbally.

HC seeks response from 3 collectors on fund release for Sarus conservation plan
HC seeks response from 3 collectors on fund release for Sarus conservation plan

Time of India

time26-04-2025

  • General
  • Time of India

HC seeks response from 3 collectors on fund release for Sarus conservation plan

Nagpur: The Nagpur bench of Bombay High Court on Tuesday sought responses from the collectors of Gondia , Bhandara, and Chandrapur districts regarding the release of funds needed for aerial bunch cabling under the Sarus Conservation Plan . A division bench comprising Justices Nitin Sambre and Vrushali Joshi directed the collectors to submit their replies by May 2. The directives came during the hearing of a suo motu PIL (No.2/2021) concerning the protection of the endangered Sarus crane , where Radhika Bajaj was appointed as amicus curiae. The court recalled its earlier order dated November 28, 2022, which approved the Gondia district's conservation plan, estimating an expenditure of approximately Rs61 crore, including Rs42 crore specifically earmarked for modifying low voltage electricity transmission lines with aerial bunch cables to prevent bird electrocution. The MSEDCL demanded Rs42 crore for the purpose. During the hearing, counsel for respondents informed the court that efforts to implement aerial bunch cabling were already underway but were hindered due to the non-release of funds by the revenue administration. The judges noted that while the aerial bunch cables would reduce electrocution risks, suggestions were earlier accepted allowing the respective Sarus Conservation Committees the discretion to opt for underground cabling where necessary, with provision for supplementary plans and additional budgetary support. In light of the funding delays, the bench directed additional govt pleader Deepak Thakare to obtain specific responses from the collectors not only on the issue of fund release for aerial bunching but also on the steps taken to notify wetlands under their jurisdiction to the wetland authority, as mandated earlier. The matter has been adjourned to May 5 for further consideration. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 2025 Top Trending local enterprise accounting software [Click Here] Esseps Learn More Undo The natural habitat of the stork spans the districts of Gondia, Bhandara in Vidarbha, and Balaghat in Madhya Pradesh. However, their numbers are swiftly declining in Vidarbha, raising concerns about potential extinction. Taking cognisance of reports published in various newspapers, the court initiated a public interest litigation independently.

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