Bombay High Court Disposes Of PIL Seeking Maintenance & Repairing of Rail Tracks At Mahableshwar
The high court disposed of the PIL while directing the authorities to take necessary measures for renovation and repairs of the rail tracks in Mahabaleshwar.
A division bench of the Bombay High Court comprising Acting Chief Justice SV Gangapurwala and Justice Sandeep Marne recently disposed of a Public Interest Litigation (PIL) which sought renovation of the walking tracks and trails at the Mahabaleshwar hill station.
The PIL had been filed through Advocate Ajinkya Udane. It sought repairing of paths, trails, and rides at Mahabaleshwar. The advocate for the petitioner submitted that because of climatic conditions, the paths, trails, and rides had been destroyed and the state was bound to maintain the paths. Further, he informed the court that the heritage committee had also suggested the same.
The Additional Government Pleader, MM Pabale, for the state submitted that the department was taking steps every year and that the paths, trails, and rides were damaged due to heavy rainfall and landslide. He informed the court that the department takes steps every year to keep the trails, paths, and rides properly maintained by restoring them.
In its affidavit, the State submitted that the proposal of Rs.60 lakhs for the repair of rides at 26 places at Mahabaleshwar had been submitted for approval to the Maharashtra Tourism Development Corporation, however, the approval was not yet received. The court was informed that upon receipt of the approval and the estimated amount of money, the paths, trails, and rides will be maintained in a proper condition also.
The court recorded the statement on the affidavit and directed the State to take necessary steps for the maintenance of the paths, trails, and rides, effectively, every year.
The Public Interest Litigation also sought the appointment of Supervising Committee including some of such petitioners and/or the other NGOs working in the area.
The petitioner also sought maintenance and cleanliness of the heritage. The plea read,
“...necessary to give the direction that the maintenance and cleanliness of this heritage should be done in such fashion that there is no damage to the environment at all. All restoration and maintenance to be done using natural materials and ensuring the 'heritage' nature of these Rides and Trails along with signage, as existed for years together.”
Case Title: Kishor Mansukhani & Ors. vs State of Maharashtra