PANDURANG GUNWANTRAO KUMBHARversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

2026:BHC-AUG:40571-DB
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                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD
                   935 PUBLIC INTEREST LITIGATION NO. 6 OF 2025

                    PANDURANG GUNWANTRAO KUMBHAR
                                VERSUS
      THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
                                             ...
                  Advocate for the Petitioner : Mr. Bondar Uttam Bajirao
                     AGP for Respondent/State : Ms. Neha B. Kamble
                  Advocate for Respondent No.4 : Mr. Jadhavar Aashish T
                                             …
                                           CORAM       : NITIN B. SURYAWANSHI AND
                                                         ABASAHEB D. SHINDE, JJ.
                                             DATE      : 03.09.2026

             PER COURT :
             .        This Public Interest Litigation (PIL) is filed seeking direction to
             respondent/Municipal Council of Kalamb City, District Dharashiv, to
             forthwith stop the construction of cement roads in Kalamb city, till
             completion of work of laying the water pipeline.

             2.      The affidavit-in-reply was filed by respondent No.3 at an earlier
             point of time. Today, additional affidavit-in-reply is filed by respondent
             No.3 making the following statements :

                        ‘2. I say that, the work orders which are annexed with
                        the present Public Interest Litigation at Exhibit "C" are
                        issued by the answering Municipal Council and other
                        State agencies such as Public Works Department,
                        Maharashtra Jeevan Pradhikaran. etc. have no role to
                        play in these works. Hence, the Municipal Council is
                        taking care that the sequence of development works
                        would be in such a manner that no public funds would
                        be wasted.

                        3. I say that, as already mentioned above, there are
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different types of works included in the common work
order such as:-
(i) Construction of open drainage only and no laying
down of Cement Concrete Road.
(ii) Cement Concrete Roads with             side   margins
(Approximately 1 meter) for pipeline.
(iii) Construction of drainage and laying down of
Cement Concrete Roads where no pipeline is proposed.
(iv) Roads where no margin could be left pipeline will
be laid first and then only the laying down of road will
be undertaken.
    I further say that, after the order dated 03.03.2025
passed by this Hon'ble High Court all development works
falling under these types are immediately stopped by the
Municipal Council thereby informing the respective
contractors.
4. I say that, when the administrative sanction was
accorded to the present works in question in the present
Public Interest Litigation the conditions of the roads
within Kallamb Town were bad in state and the
Municipal Council was receiving complaints from the
residents of the town about the same and demands for
the laying down of roads and also there was no any
planned schedule available for future development
schemes of laying down of pipeline.
   I further say that, as earlier stated it is the Municipal
Council only who has been entrusted with the present
development works, the Municipal Council is taking care
to avoid the breaking of roads. It is hereby submitted
and Municipal Council undertakes that, in the ongoing
construction of drainage and laying down of roads the
Municipal Council will schedule these works such as,
that the drainage line would be laid in first (as in many
works in question drainage line is partially completed),
then the pipeline from the scheme namely as Swarn
Jayanti Nagarotthan Maha Abhiyan will be laid down
and then the laying down of Cement Concrete Road will
be completed in last.’
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3.      In the light of the statements made in the additional affidavit-in-
reply, the purpose of filing the present PIL is served.         Hence, by
recording the above quoted statements as an undertaking to this Court,
the PIL is disposed of.




( ABASAHEB D. SHINDE, J. )                ( NITIN B. SURYAWANSHI, J. )



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