Pune, 3rd August 2023: The Baner-Pashan Link Road was sanctioned in the Development plan of the region in year 1992. The link road is 1200 meters long and 36 meters wide. In year 2014 a stretch of 1000 (1 Km) was constructed but 2 patches of 150 meters and 50 meters each remained unconstructed since then rendering the entire road useless and public money to wastage.
The Baner and Pashan neighbourhoods are currently connected through only one narrow dangerous road which is now barely about 7 meter wide, which has no scope of widening as there are pre-existing developed private properties. The road remains incomplete for 30 years. Though the connectivity from Baner, Balewadi to Pashan, West and South Pune, national highway to these suburbs is heavily dependent on the proposed DP road, it is remaining in an incomplete state even after 30 years.
The population of the suburbs of Baner, Pashan, Balewadi and Aundh has grown phenomenally in past 15 years and the residents are facing severe hardships due to incomplete roads. The issue is affecting over 250,000 residents of the region and the residents of Pune at large. The PMC has been giving one or the other excuse for not completing the 200 meter unconstructed patch.
Arguments from PMC and the Petitioner in High Court: The PMC has tried to defend its inaction by stating lack of funds, the landowner’s non-cooperation to hand over the land and absence of an elected general body for taking decisions. Arguing on behalf of the Petitioners, Advocate Satya Muley appraised the Bombay High Court that the PMC has been making record tax collection for past several years and there is no such cash deficit. Further it was argued that if the completion of the road is postponed then the amount required to acquire the land and construct the road will keep on increasing year by year.
Advocate Muley further argued that the landowners have joined as intervenors in the Public interest litigation and have stated that they are willing to give the land but the PMC has not communicated with them for the past almost 7 years. Their only expectation is they need cash compensation.
Advocate Muley argued that absence of an elected general body is not hurdle and the PMC Commissioner is empowered to take a decision and initiate compulsory acquisition of the land required to complete the construction of the Baner Pashan Link Road. Advocate Muley also pointed out that a work order to complete the construction of the road was issued by the PMC in 2022 after filing of the present PIL. But strangely the PMC had not yet acquired the land, which shows that the act of issuing the work order was only to do an eyewash of the residents.
ORDER OF THE BOMBAY HIGH COURT: Taking note of the arguments the Bombay High Court Bench headed by Chief Justice Devendra Kumar Upadhyaya and Justice Arif S. Doctor took cognizance of the hardships faced by the residents and that the road is lying as it is since the year 2014 and because of this the road is not being used. The Court also took note of earlier communications and noted that in all earnest, the decision ought to have been taken by the Municipal Commissioner by now. The Court also noted that to leave the road with unconstructed stretch of 200 meters will not be in public interest and accordingly, in any condition, construction of the road needs to be completed. For the said purpose if the negotiations with the landowners has failed, the only course open to the Municipal Corporation is to initiate the process of compulsory acquisition of the land under the concerned law.
Therefore, the Bombay High Court Bench directed the Municipal Commissioner to take a decision for compulsorily acquiring te land and to present before the Court the timeline within which the acquisition process as well as the construction of unconstructed stretch of the road shall be completed. The PMC has been given time till 20 September to present the plan.
Petitioner Rajendra Chuttar, President of Baner Pashan Link Road Welfare Trust, “The incomplete Baner-Pashan Link Road has caused inconvenience for lakhs of citizens for decades. The existing narrow roads are unsafe, especially for children and senior citizens, due to heavy traffic and congestion. There is no public bus transport in our area due to the incomplete road. Essential services such as water supply, electricity, and drainage have not been planned properly due to the incomplete road. It should be the number one priority of the Pune Municipal Corporation (PMC) to complete the Baner-Pashan Link Road and the other 350 link roads that are pending due to land acquisition delays. We hope that the Hon’ble High Court directions will awaken the PMC to the reality of the heavy consequences faced by ordinary citizens due to their inordinate delays, and that they will take immediate measures to complete the road in an acceptable time frame.”
Pushkar Kulkarni, Convenor of Pashan Area Sabha, said, “The annual budget of PMC is touching 10,000 crores, yet it is shocking that they haven’t been able to make adequate budgetary provisions for completing essential link roads across Pune. It is high time that PMC focusses on basic needs like roads and water supply for the citizens.”
Advocate Satya Muley, on behalf of the residents of the region and the petitioner, stated “It is a very poor situation of civic management and decision making at the Pune Municipal corporation. Amenities such as connecting link roads, bridges, amenity spaces are basic fundamental rights of the residents. They pay taxes to the Corporation to receive such basic civic amenities and if they are made to fight for roads, bridges, link roads, water, footpaths, clean hygienic environments etc and also knock the doors of High Court that it is a big failure on part of the Pune Municipal Corporation. These days residents of Pune are required to face tremendous hardships due to incomplete roads leading to huge waste of time in traffic, along with wastage of fuel. The tolerance level of the residents have reached their limits as we are regularly witnessing protests by resident forums across Pune. The Bombay High Court order is a wakeup call for the Pune Municipal Corporation, and we hope that they comply with the directions in the interest of the people and respect the peoples will!’
Advocate Satya Muley was assisted by Adv. Megha Maske in the PIL.
