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M.C.C. No.2795 of 2006
11.11.2010
Shri Nishant Namdeo, for the applicant.
Shri Mohan Sausarkar, Counsel for respondent Nos. 1 and
5.
Shri Vivek Agrawal, G.A. for the respondents No.2 and 3.
Shri Anshuman Singh, Counsel for the respondent No.4.
Shri Agrawal, learned counsel for the State submitted that
though a compliance report has been filed but all the directions
passed by this Court in W.P.561/01 have not been complied
with. Shri Agrawal prays further a months time to file
compliance report in the matter.
From the perusal of the record we find that on 22.6.1997
Jabalpur and the surrounding areas were rocked by an
earthquack. A public interest litigation was filed in which this
Court on 16.9.2002 issued various directions to the State
Government to make the provisions in respect of any future
unseen event. It appears that certain plans were made by the
State Govt. but have not been implemented till date. Only
planning cannot help the public in case of any such eventuality
in future. A concrete work with infrastructure is required to
meet out any such exigency but such efforts have not been
made till date.
In view of the aforesaid, we are not satisfied with the
contention of the respondent that any serious efforts have been
made by the State for the compliance of the direction. It is also
brought to our notice that all the roads connecting city of
Jabalpur are in a bad condition and in case of any mis
happenings, the public of this township cannot get the help
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M.C.C. No.2795 of 2006
11.11.2010
quickly as the road conditions are very bad. It is stated by the
petitioner that to meet out such exigency, roads connecting to
this city with the other cities should be also made motorable.
The aforesaid contention of the petitioner is not opposed by the
State. Present condition of the roads are very bad which should
be motorable so that in case of any emergency the city may get
help from other adjoining cities. In view of this we direct the
Secretary P.W.D. and the Principal Secretary, Housing and
Environment to remain present before this Court to assist this
Court to sort out the aforesaid situation. The aforesaid
authorities are also directed to file status report in respect of the
compliance of the order passed by this Court (supra) and also in
respect of the conditions of the roads connecting this city with
the other cities.
At this stage, it is submitted by the petitioner that
Jabalpur is on the National Highway No.7 and 7-A and these
National Highways are maintained by the Central Government
and are also in a very bad condition.
Shri Mohan Sausarkar, learned counsel appearing for the
Union of India is also directed that some officer not below the
rank of the Additional Secretary, Ministry of Surface Transport
and the highest officer posted in the State of Madhya Pradesh
taking care of the National Highways, shall remain personally
present before this Court.
Learned counsel appearing for the State is also directed to
submit a copy of plan prepared by the State for the compliance
of the orders passed by this Court to Shri Sausarkar who shall
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M.C.C. No.2795 of 2006
11.11.2010
sent the aforesaid plans to the concerned department of the
Central Government to examine whether the aforesaid plans
fulfill all the requirements to meet out any eventuality like
earthquake etc.
A typed copy of this order be supplied to the counsels
appearing for the respondents for its transmission and
compliance by the concerned authorities.
Be listed for hearing on 8.12.2010.
(Krishn Kumar Lahoti) (Smt. Sushma Shrivastava)
JUDGE JUDGE
vj