By Hrishikesh Marale

Pune: The Bombay High Court has directed the Municipal Commissioner of the Pune Municipal Corporation to take appropriate steps to construct the incomplete Baner Pashan link road.

The road details

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.

EARLIER ORDER OF BOMBAY HIGH COURT

On 02.08.2023, the Bombay High Court bench presided by Chief Justice Devendra Kumar Upadhyaya had observed that “out of 1200 meters length of the road which was to be constructed, keeping a stretch of 200 meters unconstructed will not be in public interest and as a matter of fact, in case the entire stretch of the road is not constructed, the expenditure incurred in constructing the 1000 meter of road shall go in waste.”

The High Court had directed the Pune Municipal Commissioner to take a decision for compulsorily acquiring the 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.

COMPLETE LACK OF RESPECT TOWARDS HIGH COURT ORDERS

The matter was again heard on 10.07.2024, and till now no such affidavit or plan was submitted by the Pune Municipal Commissioner. Although the directions of the Bombay High Court were very clear, the PMC did not act upon the directives, and the subject remained stagnated. The Residents of the area continued to suffer. 

STRONG VIEW OF THE BOMBAY HIGH COURT.

Representing the Petitioner Baner Pashan Link Road Welfare Trust, Satya Muley (Advocate – Bombay High Court) brought the complete lack on intent and disregard of Court order on part of PMC to the attention of the Bombay High Court. The sufferings of the people of the region were put across in best possible manner. 

The Bombay High Court took a very strong view about the inaction on part of the Pune Municipal Corporation.

WASTE OF PUBLIC MONEY: The Bombay High Court Observed that “It is a matter of concern as to how without ensuring availability of land for construction of the entire stretch of road, even the tenders were floated. As already noticed above, the road cannot be put to use though 1000 meters stretch was completed in the year 2014 itself. Such a waste of public money cannot be appreciated on any count.”

STRICT DIRECTIONS: On 10.07.2024 The Bombay High Court proceeded to direct the Municipal Commissioner of the Pune Municipal Corporation to personally look into the matter and take further appropriate steps to ensure that construction of the road is completed of the remainder stretch of 200 meters within the shortest possible time.

The Municipal Commissioner shall file an affidavit within 10 days from today expressly stating therein as to within what minimum possible time the construction shall be completedand kept the matter for next hearing on 24.07.2024, the court said.

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. 

Quote of Advocate Satya Muley: Arguing on behalf of the Petitioners, Advocate Satya Muley appraised the Hon’ble Bombay High Court that the PMC has been finding one or the other excuse for non-completion of the said road. Satya Muley stated that “due to such incomplete roads, the people of Baner Pashan and various other parts of Pune are suffering from traffic congestion, accidents, undue hardships and wastage of precious time and money. The PMC must become more sensitive towards the expectations of its own taxpayers. 

Absence of a general body cannot be an excuse. The Municipal Commissioner has requisite powers to acquire the land and construct the incomplete road.”

Adv. Palak Joshi who is assisting Adv. Satya Muley in the matter said “The inaction and lies of PMC have been completelyexposed in this matter”

Quote of Petitioners

PMC failed to acknowledge the High Court's order from last year, taking a full year to submit an affidavit filled with absurd excuses and attempting to further delay the land acquisition process. PMCs claim that they lack funds and rely on the state government to finance land acquisition is a falsehood that must be exposed.

Rajendra Chuttar, President - Baner Pashan Link Road Welfare Trust

PMC is collecting record taxes, sanctioning new constructions everywhere possible but they have ignored the hundreds of missing link roads across Pune which should be their top priority to create pedestrian friendly, cyclist friendly and encroachment free roads for the 6 million citizens of Pune city.

Seema Agrawal - Vice President, Baner Pashan Link Road ,Welfare Trust