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2011 DIGILAW 303 (MP)

Mukesh Rathore v. State of M. P.

2011-03-04

K.K.LAHOTI, SUSHMA SHRIVASTAVA

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JUDGMENT : Shri R.N. Singh, learned Senior Advocate assisted by Shri Saurabh Sunder appears as an amicus curiae. Petitioners to serve a copy of this petition and the respondents to serve their return to Shri Saurabh Sunder, assisting counsel to Shri Singh, during the course of the day. Learned counsel for the petitioners submitted that in W.P.2538/11, the contractors of sewage line have already been impleaded as respondent No. 4 and 5, they are M/s Ramky Infrastructure Limited and Simplex Meindhardt and the petitioners be permitted to implead those contractors as respondent No. 5 and 6 in this petition. Prayer is allowed. Petitioner is permitted to implead M/s Ramky Infrastructure Ltd., Ramky House, Gul Mohar Avenue, Raj Bhawan Road, Somajiguda, Hyderabad-500 082, and Simplex Meindhardt, Through its Project Manager, C/o Municipal Corporation, Jabalpur as Respondent No. 5 and 6. Necessary amendments be carried out during the course of the day. Considering the controversy involved in this case, we direct issuance of urgent notices to the newly impleaded respondents No. 5 and 6 namely M/s Ramky Infrastructure Ltd. and Simplex Meindhardt. Shri Anshuman Singh, learned counsel appearing for the Municipal Corporation has volunteered to serve these respondents as they are the contractors of the Corporation. In view of the aforesaid, petitioners to take steps for service on respondents No.5 and 6 Humdast. Notices shall be served by the Municipal Corporation, Jabalpur on the newly impleade respondents No. 5 and 6. It is submitted by Shri Anshuman Singh, that as per the contract entered between the Corporation and the contractors, the contractors after laying sewage line, its testing has to reinstate the WBM/tar/concrete road alongwith the alignment, so it is the duty of the contractors to reinstate the road in its earlier position immediately after completion of the aforesaid work. On raising such contentions, it is brought to our notice by Shri R.N. Singh, learned Senior Advocate that though the work of laying down sewage line is in the public interest but it is also the duty of the Corporation to see that the roads remain transportable. The Corporation ought to have lay down the sewage line during the rest hours i.e. night hours so that the public may not suffer and public convenience may be taken care of. The Corporation ought to have lay down the sewage line during the rest hours i.e. night hours so that the public may not suffer and public convenience may be taken care of. On raising such contentions, learned counsel appearing for the Corporation submitted that he may be allowed a short time to seek instructions from the Commissioner, Municipal Corporation, whether the aforesaid is feasible, in the light of the terms of the contract. Prayer is allowed. On the next date of hearing, we direct that both the contractors M/s Ramky Infrastructure Ltd. and Simplex Meindhardt alongwith the Commissioner, Municipal Corporation, Jabalpur shall remain personally present before this Court so that the problems may be sorted out. List for hearing on 14.3.2011. C.C. as per rules.